CONSIDERATIONS ON THE CONTRACT OF INTERNATIONAL CARRIAGE OF PASSENGERS BY RAIL
AS PROVIDED BY THE CONVENTION CONCERNING
INTERNATIONAL CARRIAGE BY RAIL,
BERN, 1980
CONSIDERATIONS ON THE CONTRACT OF INTERNATIONAL CARRIAGE OF PASSENGERS BY RAIL
AS PROVIDED BY THE CONVENTION CONCERNING
INTERNATIONAL CARRIAGE BY RAIL,
BERN, 1980
Author(s): Sevastian Cercel, Ştefan ScurtuSubject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: C.H. Beck Publishing House - Romania
Keywords: international carriage by rail; Bern Convention; Vilnius Protocol; uniform rules; binding nature of uniform rules;
Summary/Abstract: The most important international convention on the international rail carriage contract is the Convention concerning International Carriage by Rail, concluded in Bern in 1980 (designated as C.O.T.I.F.). Romania ratified C.O.T.I.F. in 1983. The European Union joined C.O.T.I.F. in 2011. One of the most important changes to C.O.T.I.F. 1980 was the one made by the Vilnius Protocol of 3 June 1999, which entered into force in 2006; due to the importance of these amendments, at present the usual name of this Convention is “C.O.T.I.F. 1999”. C.O.T.I.F. 1999 includes the following documents: a) the Convention as such, which governs the functioning of the Intergovernmental Organization for International Carriage by Rail (designated as O.T.I.F.); b) the Protocol on the Privileges and Immunities of O.T.I.F., annexed to the Convention; c) the seven annexes to the Convention, which establish a uniform railway law; one of these annexes is entitled “Uniform Rules concerning the Contract ofInternational Carriage of Passengers by Rail (CIV)” and constitutes Appendix A to the Convention. The Uniform Rules concerning the Contract of International Carriage of Passengers by Rail regulate the following matters: the scope of these rules, the conclusion and performance of the contract of carriage, the carriage of hand luggage, animals, checked baggage and vehicles, liability of the carrier, liability of the passenger, the exercise of rights, relations between carriers. In accordance with art. 5, the CIV rules are imperative, the contracting parties not being able, in principle, to derogate from them.
Journal: Istorie, Cultura, Cetatenie in Uniunea Europeana
- Issue Year: 13/2021
- Issue No: 1
- Page Range: 44-74
- Page Count: 30
- Language: English