Contractul de transport feroviar de mărfuri în legislația Republicii Moldova
Rail freight contract in the Republic of Moldova’s Law
Author(s): Iurie MihalacheSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: contract for carriage of goods; rail carrier; charges; complaint; court proceedings; consignment note; transport order; goods’ receipt; long-term transport contract.
Summary/Abstract: Rail freight contract in the Republic of Moldova’s Law is that contract by which the State Enterprise „Moldova Railways”, via a regional subdivision as carrier, undertakes in return of shipping charges (tariff) to transport within a given period, to watch over and to release the goods arrived at the railway station of destination to the person whose name is mentioned on the consignment note.Rail freight contract is a variation of contract for carriage of goods in general. Therefore, based on its legal regulation there are two categories of legal rules: general – the rules of the Civil Code of the Republic of Moldova and special – the rules of the Rail Code of the Republic of Moldova and other subordinate legal regulations. Special Rule enjoys priority over the general rule.The railway is a system of state concern, being monopoly enterprise within the territory of the Republic of Moldova. All railway territorial subdivisions are subordinated to the railway central government.In turn, the consignor may be a public or private legal entity or a natural person that submits merchandise to be carried for personal needs. The law does not require special conditions for shippers. Shippers individuals have the right to carry goods for personal needs, family, household and other non-related to the entrepreneurial activity. In this case, they shall be treated equally to all customers and shall be granted all rights under consumer protection legislation.
Journal: Revista „Dreptul”
- Issue Year: 2011
- Issue No: 02
- Page Range: 216-237
- Page Count: 22
- Language: Romanian
- Content File-PDF