Правни положај општег превозиоца робе (Common carrier) у општем праву (Common law)
Legal Position of the Common Carrier in Anglo-Saxon Law
Author(s): Đorđe Perišić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Common carrier; Public service; Strict liability; Unfair contract terms;
Summary/Abstract: A common carrier is one that offers public transportation to an unspecific number of people. It is about a specific legal concept that appeared around 1700 and, without a doubt, has a prominent place in Anglo-Saxon traffic law. It derived its status from common law, which was later supplemented by the carriage contract and the law's provisions. Despite the fact that court decisions and legal regulations have altered this concept over the past three centuries to the point where it's nearly nonexistent today, it's important to examine its features and boundaries. The paper explained how the status of common carrier was acquired and what were the legal consequences of that status. Emphasis was placed on the features of his liability for damage to the goods he was transporting and the obligation to accept transportation. Carrier responsibilities in modern traffic law do not deviate much from characteristics of the liability of the public carrier, so inspiration for some future legal solutions can be found in the common carrier concept.
Book: Зборник радова "Правне празнине и пуноћа права" Том III
- Page Range: 444-460
- Page Count: 17
- Publication Year: 2024
- Language: Serbian
- Content File-PDF