CONTRACTUL DE TRANSPORT FLUVIAL GUVERNAT DE CONVENŢIA DE LA BUDAPESTA. OBLIGAŢIILE CĂRĂUŞULUI ÎN CURSUL DEPLASĂRII MĂRFII, ÎN CONDIŢIILE INIŢIAL CONVENITE
RIVER TRANSPORT CONTRACT GOVERNED BY THE BUDAPEST CONVENTION. OBLIGATIONS OF THE CARRIER DURING THE MOVEMENT OF THE GOODS, IN THE INITIALLY AGREED CONDITIONS
Author(s): Ion IorgaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Budapest Convention; shipment; transportation contract; delivery agent;
Summary/Abstract: Most of the times the moving of the shipment takes place in accordance with the clauses found within the document generated at the starting point. There are also exceptions, when the delivery agent is facing special situations, which change the initial conditions of the transportation contract. So, it is possible for the sender, in accordance with a special right recognized by the current regulations, to change on its own the destination of the shipment. Also, no few are the situations in which the delivery person, due to some accidental events, it is obliged to take special measure in order to protect the interests of both parties. The normal regime, of common rights undertakes corresponding adjustments. As in any transportation contract, the main task of any delivery agent is to deliver the goods in safe conditions, without delay, and in the same state as before departure. He must also take conservation measures as imposed, mainly in critical situations which may arise during the delivery. The delivery agent is not allowed to load or tranship the merchandise, as a whole or partially on another vehicle without the accordance of the sender, with the exception of some obstacles and in the case the delivery agent cannot receive in due time instructions from the sender or if the usages allow this thing. Also, it is forbidden to transport the merchandise on the deck or in open spaces without the senders consent (art.3 par.4 Budapest Convention).
Journal: REVISTA PRO PATRIA LEX
- Issue Year: VIII/2010
- Issue No: 02
- Page Range: 165-185
- Page Count: 21
- Language: Romanian
- Content File-PDF