Critical Analysis of the General Regulation of the Transport of Persons and Baggage
Critical Analysis of the General Regulation of the Transport of Persons and Baggage

Summary/Abstract: In the matter of the carriage contracts, the rules of the Romanian Civil Code are grouped into three sections: a first set of rules is composed of the provisions of art. 1955-1960 - Section 1. General provisions, the second set of rules which gives the content of the second section – Section 2. The contract of carriage of goods are the provisions of art. 1961-2001; and the third set consists of the provisions of art. 2002-2008 - Section 3. Contract of carriage of persons and baggage. The first section provides general rules for all transport contracts, irrespective of the mode of transport and whether it is the carriage of goods or persons, and section two cover the transport contract of goods. The final section, Section 3. The contract for the carriage of persons and baggage, as a whole, is a set of rules with a novelty status at the general rule level for this matter. This regulation is considered by the doctrine, however, a summary, which is not enough for all the legal aspects raised by this type of transport. Although it is appreciated that the current Romanian Civil Code provides, in contrast to the previous legislation, norms establishing, even at the principle level, a minimum of rules for this matter, thus making the contract for the carriage of persons and baggage a named contract; we must admit that this regulation is a improvable one. Therefore, there are a series of legal problems raised by this matter which still requires specific legal norm.

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