transport law
LexInter | April 15, 2004 | 0 Comments

TRANSPORT LAW

Transport law is the law that applies to carriers, customers and users of means of transport and intermediaries as well as ticket resellers.

Carriers can be road carriers, rail carriers, ocean carriers or air carriers.

Transport law is divided into several categories according to:

  • depending on whether it is passenger or goods transport;

  • according to the mode of transport considered; thus there is maritime law, air law, tourism law, land transport law and multimodal transport law  ;

  • depending on whether it is national (or internal) transport, subject to the legislation of the country in question, or international transport, governed by international conventions, such as the Warsaw Convention for Air Transport, the CMR Convention or the TIR convention for road transport, or the Berne convention for rail transport.

Transport law is mainly based on the contract of carriage and is only applicable in most cases on condition that such a contract exists.

As a general rule, the carrier is subject to an obligation of result: to transport goods in good condition and passengers safe and sound, within the agreed time limits. He can only be released from this obligation in the event of force majeure , but he can sometimes limit his liability by agreement.

Transport law concerns the movement of people or goods. The transport is done on the basis of a contract of carriage, which is an industrial lease contract. The parties to the contract of carriage are on the one hand the carrier and on the other hand the use of the means of transport.

The transport can be a transport of people or a transport of goods or freight, it can be land, sea, air or river.

Rules specific to the transport contract are provided for in the Commercial Code, and specific regulations for land transport, maritime transport, air transport and river transport.

A distinction is also made between public transport and private transport, light transport and heavy transport.

In light transport, racing companies appeared.

Moreover, transport law is marked by the internationalization of transport, which is reflected in the fundamental importance of international conventions intended to standardize the rules of law in this area.

This is the case in particular with the Berne Convention of 1890 for rail transport, which became OTIF and to which the CIM and CIV are annexed , the Warsaw Convention of 1929   for air transport and the Geneva Convention. from 1969 known as CMR for road transport

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