| Abstract [eng] |
This paper addresses the issues related to the application of the CMR convention, especially its Chapter VI, dealing with the allocation of liability among the carriers that have undertaken to carry the same cargo. The first chapter gives a brief overview of legal regulation in the field of freight transportation on the international and national level. Further analysis is based on the Lithuanian and foreign legal doctrine as well as European and Lithuanian case law. Therefore, the second chapter deals with the issues of identification of the legal status of the carriers that have carried the same cargo and the legal consequences arising thereof. The third chapter concerns the conditions under which the carriers are considered to be successive carriers for the purpose of the CMR convention Chapter VI. The fourth chapter presents the interpretation of the rules that establish the right of the cargo interest to bring an action against successive carriers. The legal relationships between the carriers are analyzed in the fifth and the sixth chapters that provide a detailed analysis of the principles of allocation of liability among the carriers. In addition to that, chapter six addresses some of the procedural aspects relating to the recourse actions of the carriers. The research is based on the systematic analysis, comparative and resumptive methods. |
