RĂSPUNDEREA TRANSPORTATORULUI: DUALITATE DE NATURĂ CONTRACTUALĂ ȘI DELICTUALĂ
CARRIER LIABILITY: CONTRACTUAL AND TORTIOUS DUALITY

Author(s): Ionuț Iordache
Subject(s): Law, Constitution, Jurisprudence
Published by: Academia de Poliţie »Alexandru Ioan Cuza« Bucureşti
Keywords: carrier liability; contractual liability; tort liability; transport law; legislative harmonization
Summary/Abstract: This article provides an in-depth analysis of carrier liability, focusing on its dual nature encompassing contractual and tort liability. The study begins with the legal foundations of transport contracts, as regulated by the Romanian Civil Code and specific legislation, exploringthe general conditions of carrier liability and the particularities related to the transport of goods and passengers. Special attention is given to the differences between regulations in Romania and other European Union member states, emphasizing practical challenges and the necessity of legislativeharmonization within the single European market.Beyond the normative analysis, the article examines the practical aspects of applying these regulations, including relevant case law examples that highlight the complexity of the interplay between contractual and tort liability. Furthermore, the article discusses the carrier’s liabilitytowards third parties under tort law, along with potential exonerations and their limitations.The article aims to clarify key concepts and provide a coherent perspective on carrier liability ,offering both a solid theoretical foundation and practical solutions for interpreting and applying the law

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