L’AUTONOMIE DU CONTRAT DE TRANSPORT
THE INDEPENDENCE OF TRANSPORT CONTRACT

Summary/Abstract: The autonomy of the transport contract was developed over time having as basis few elements of legislation. Practice was the one that, in need of moving goods and persons, outlined the elements that are the basis of the transport contract. It was said that it is a civil or a commercial contract, which is distinguished by the quality of trader or non-trader of the carter. The essential element that distinguishes it from other contracts is that during the execution of the transport contract there are involved three persons, namely: the consignor, the carter and the consignee. The legal form and the autonomy of the transport contract result from the fact that there is a real and a consensual contract, that has an economic content in different ways; the parties of the transport contract must understand that the general conditions on the ability to control the consent lawfully expressed, has a determined object, licit and moral feature and the form required by law. It is a commutative contract. The transport contract is concluded in written form. E. Cristoforeanu, Constantin Stătescu, Cezare Vivante investigated about the autonomy’s development and stability of the transport contract. Such distinguished personalities expressed their opinions regarding the definition of transport contract as an autonomous contract, even though it borrowed elements of civil law and commercial law.

• Details
• Contents