| Abstract [eng] |
The subject of study covers the institute of carriers’ liability governed by two international legal acts, namely, SMGS and CIM. The work analyses the four main civil liability clauses established in each of them and identifies the commonalities and differences of legal regulation. Relying on the experience in the international regulation of carriers’ liability in other modes of transport as well as on the analysis of SMGS, CIM and SMGS/CIM, the need for developing a new uniform system of rail carriers’ liability is investigated and a draft new legal act governing international carriage by rail is proposed. This research relies on the regulation of carriers’ liability in air, sea or road transport only to the extent to which this helps in finding more advanced models of carriers’ liability, in comparing such models, and in adapting them to carriage by rail. A detailed analysis of other modes of transport could be the subject of another research, therefore, this study does not dwell on such analysis. |
