Some Considerations on the Effects of the Contract for the Carriage of Goods as Provided by the Romanian Civil Code
Some Considerations on the Effects of the Contract for the Carriage of Goods as Provided by the Romanian Civil Code
Author(s): Sevastian Cercel, Ștefan ScurtuSubject(s): Civil Law, Civil Society
Published by: Editura Universitaria Craiova
Keywords: carrier; consignor; destination; characteristic obligation; accessory obligations; carriage of goods; payment of the price;
Summary/Abstract: The object of the carriage contract is the provision of services. Synallagmatic in nature, this contract gives rise to mutual and interdependent obligations for both contracting parties; as a result of the conclusion of the contract, the contracting parties become a creditor and a debtor at the same time. The obligation of the carrier to take the goods to the destination is considered the characteristic obligation of the carriage contract, according to which the contract is defined and qualified; the other obligations (to store the goods entrusted for carriage, to load or unload the goods, to ensure their protection, etc.) are accessory, being subordinated to the main obligation. The payment of the price of the carriage and of the accessory services provided by the carrier are due by the consignor and are paid upon delivery of the goods for the carriage, unless otherwise provided by contract or special law.
Journal: Revista de Științe Politice. Revue des Sciences Politiques
- Issue Year: 2020
- Issue No: 66
- Page Range: 66-82
- Page Count: 17
- Language: English