Contractul de transport auto de marfuri din legislaþia republicii moldova. aspecte de drept comparat
The contract for carriage of goods by road in the legislation of the republic of moldova. comparative law matters

Summary/Abstract: Both in Romania, and in the Republic of Moldova, the transport of goods is done mainly by road transport. The advantage of road transport consists in the fact that the territory of both countries is relatively small (in fact, the territory of Romania exceeds the territory of the Republic of Moldova by much), which is an advantage for the road transport and reduces the air or maritime transport. The contract for carriage of goods is concluded between shipper and carrier. Usually, it is the shipper who drafts the contract of carriage and delivers it to the carrier to sign it. At the same time, the shipper’s or the carrier’s failure to comply with the obligations undertaken in the contract shall cause the party at fault to incur liability. In the legislation of the Republic of Moldova, the carrier’s liability is generated according to the rules established by the Civil Code of the Republic of Moldova, the Code of Road Carriers and the Regulation of Carriage of Goods by Road, the latter two regulations having a narrower application since they are mostly already outdated. The biggest problem is that a conflict of rules has occurred between the regulations. The conflict of rules occurs, in particular, between the Civil Code of the Republic of Moldova and the Code of Road Carriers of the Republic of Moldova, due to the fact that both regulations are incorporating acts and have the same legal power. In this context, we make the proposition that, in the relationships regarding the carriage of goods by road, the rules in the Civil Code of the Republic of Moldova should apply with priority. The new Civil Code of Romania is worth appreciation due to the fact that it incorporates a perfect systematization of content, by separating the name of articles (in the left side of the page) and the content (in the right side of the page), which facilitates work with the code and increases the understanding of legal rules. However, just like in the Republic of Moldova, a better correlation between the rules of the contract for carriage of goods (merchandise) in the Civil Code of Romania and those in the special regulations is required in order to avoid the conflict of rules). Moreover, until the new Civil Code becomes effective, a better theoretical-practical analysis is required due to the fact that, in practice, the risk for the occurrence of conflict situations is maintained (which occurred in the Republic of Moldova during the period 2002-2003, in relation to the adoption and implementation of the new Civil Code).

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