The Analysis of the Causes for Exoneration from Liability of the Danubian Carrier in the International Regime
The Analysis of the Causes for Exoneration from Liability of the Danubian Carrier in the International Regime

Summary/Abstract: Abstract: In this paper we intend to continue the analysis of the river international contract of carriage of goods on the Danube, in general, and, in particular, to analyze the causes for exoneration from the liability of the Danubian carrier. Objectives: The main objective is to argue how, in the event of damage caused during transport, the carrier is presumed to be at fault, as an effect of triggering the presumption of liability, it may rebut the presumption of juris tantum by contrary evidence, proving that the real cause of the prejudice is not imputable. Prior Work: In the context where also the Romanian and European doctrine analyzes these causes, this paper aims at examining in detail and comparatively their impact, analyzing the legal texts, and also their impact during the trial. Approach: We will consider the exemption circumstances, based on the interpretation of international regulation of the contract of carriage of goods by inland waterways, which we will report in detail. Results: By comparing the two international conventions, we will demonstrate that these causes of removal of liability have a predetermined scope, in the sense that they affect both contractual relations and in tort liability of the carrier. Values: In the article it was used as a research method the analysis of these incidents laws, with direct interpretation of causes for exemption from liability of the Danubian carrier.

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