| Abstract [eng] |
The subject of this Master‘s final work is orientated exceptionally to cargo (freight) carrier‘s by road civil liability for loss, damage or delay in delivery of a cargo, regardless postal parcels‘, passengers‘ or luggages‘ carriers and carriers by air, railway or sea (inland waters) transport. Lithuanian law and CMR Convention regulates carrier‘s civil liability similary, national laws also often redirects straightly to CMR Convention‘s legal norms, however, regulation has its specific differences. This is the reason why a lot of attention is devoted to separation of CMR Convention and Lithuanian laws, because it has an enormous effect to carrier‘s civil liability extent. Nonetheless, special attention is also devoted to the beginning and ending of carrier‘s civil liability, because Lithuanian laws regulates these question differently compared to CMR Convention. This final work also presents the definition of carrier‘s intentional actions and actions assimilated to them, as these actions impacts whether carrier‘s liability will be limited by the CMR Convention‘s legal norms or not. The qualification of other expenses, which were suffered because of wrongful act of carrier, is also highlighted, because carrier‘s liability for these expenses is not limited by CMR Convention regulation, so it can cause a significant amount of damages. Finally, the conditions qualifying carriers as carrying cargos under one contract are also analyzed, because excistence of these conditions will directly imply on consigner‘s or recipient‘s right to claim a compensation from specific carrier. |
