Naslov
Written form of the contract of carriage by road in Croatia: Why and at what cost?

Autori
Radionov, Nikoleta

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Transidit: Innovation and Mobility: Where is the Law Going? / Cecile Legros - Rouen : Institut de Droit International des Transport et de la Logistique, 2020, 107-114

Skup
50e anniversaire de l'Institut du Droit International des Transports (IDIT) "Innovations et mobilités: où va le droit?"

Mjesto i datum
Rouen, Francuska, 10.10.2019. - 11.10.2019

Vrsta sudjelovanja
Plenarno

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
contract of carriage by road, CMR, formal contract, nullity of the contract, liability of the carrier, Croatia

Sažetak
On May 12th, 2018 a new legislative act came into force in Croatia, making the contract of carriage by road a formal (written) contract, where the form became a condition for validity of an otherwise consensual contract. Unlike contracts of carriage in any other mode of transport, the contract of carriage by (probably) the fastest and most flexible mode of transport has – with no explanation whatsoever – become formal and to that respect equal with contracts of, for example, sale of real estate. The problem lies in the fact that procedures of contracting transport services for passengers and freight in road transport have been well established in Croatia for decades, with strong customs within the industry regarding the ways in which parties communicate the terms of the contract. The contract of carriage by road was traditionally an informal (non-written) consensual contract, where only the will of the parties expressed in any way (impliedly by entering the vehicle, sending a loading declaration and accepting it by e-mail, phone etc.) formed a valid contract of carriage. A transport document – passenger ticket or consignment note – was only proof of the contract and prima facie evidence of its terms. Now, as the contract of carriage of passengers, luggage and goods has become formal, all those procedures can easily lead to a great number of void contracts due to a lack of a prescribed form of the contract, with highly detrimental consequences for the industry, which is mostly unaware of this small yet essential legal modification.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA