Contractul de transport... civilizat?

adinabuciuman[at]law.ubbcluj.ro

Autori

  • Adina Buciuman

Cuvinte cheie:

contract of carriage, general rule, special rule, CMR Convention

Rezumat

The legal regime of the contract of carriage is governed by multiple and eclectic sources. Despite their heterogeneous nature, the analysis of the rules governing the different types of transport leads to the conclusion of a substantive standardization of the proposed legislative solutions, regardless of the nature of the transport route.
However, the adoption, within the new Romanian Civil Code, of a general regime for the transport contract failed to civilize and to put in order the legal norms in the field. The internal transport law is characterized by a regulatory parallelism that is difficult to manage, even using the specialia generalibus derogant principle.
Keywords: contract of carriage; general rule; special rule; specialia generalibus derogant principle; CMR Convention; Civil Code.

Publicat

13-09-2022 — Actualizat în 21-04-2023

Versiuni