Liability in the Transport Contract
Liability in the Transport Contract

Summary/Abstract: Failure to comply with the obligations assumed in the contract of transport gives rise to civil liability for the carrier and the consignor. As regards the liability of the consignor or the consignee, the rules that apply are those of common law, while special aspects of the common law apply to the carrier. Concerning the carrier, there is contractual liability and tort liability. Tort liability is subject to the provisions of the civil code, and contractual liability is subject to the provisions of the special laws and only in the absence of specific provisions is subject to the common law. The legal regime of carrier’s liability is given by the provisions of the Civil Code under articles 1984-2002.

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