GUARANTEEING THE CLAIMS OF THE CARRIER OF GOODS IN THE NEW ROMANIAN CIVIL CODE
GUARANTEEING THE CLAIMS OF THE CARRIER OF GOODS IN THE NEW ROMANIAN CIVIL CODE

Summary/Abstract: By definition, the contract for the carriage of goods is a synallagmatic contract, as the obligations arising from it are mutual and interdependent; the carrier undertakes to transport the goods from one place to another in return for a price which the consignor or the consignee undertakes to pay at the agreed time and in the agreed place. If the price is to be paid by the consignee after the goods arrive at the destination, the carrier has a claim right against him for the price to be paid. As the creditor of the consignee, the carrier has as a guarantee of recovering his debt, on the one hand, the general pledge right of unsecured creditors and, on the other hand, the special guarantees expressly granted to him by the legislature; in this respect, art. 1982 of the Civil Code provides that the carrier has the rights of a pledgee in respect of the transported goods for as long as he has those goods, i.e. he has a right of retention, a right to pursue the debt and a right of preference over the goods carried. The payment of the transport price has the effect of extinguishing the rights of the pledgee (the carrier).

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