The legal nature of the additional fee for the lack of an appropriate transport document Cover Image

Charakter prawny opłaty dodatkowej za brak odpowiedniego dokumentu przewozu
The legal nature of the additional fee for the lack of an appropriate transport document

Author(s): Monika Moska, Michał Przybył
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Court case, Administrative Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: additional fee; contract of carriage; declaration of intent; civil law relationship

Summary/Abstract: The article constitutes an attempt to explain the legal nature of the additional fee for the lack of an appropriate transport document. In the first part of the article, the authors consider what legal relationship, if any, connects the carrier with the person who in fact took a place in the means of transport, but did not intend to pay the transport charges. This is the basis for considering more general issues, such as the definition of a declaration of intent. In this context, the authors criticize the latest rulings by the Court of Justice of the European Union regarding the legal situation of a person travelling without a ticket. Then the authors tackle the issue signalled in the title – they attempt to determine the legal nature of the additional fee. To this end, they first review the positions presented in the doctrine to then formulate their own conclusions. First of all, the issue in question requires the boundaries between civil and administrative law to be clarified, and also for some deliberation to be devoted to the purpose of the title fee.

  • Issue Year: 83/2021
  • Issue No: 3
  • Page Range: 123-137
  • Page Count: 15
  • Language: Polish