The contractual liability of the goods carrier under the regulations of the Romanian Civil Code
The contractual liability of the goods carrier under the regulations of the Romanian Civil Code

Summary/Abstract: Failure to fulfil the obligations assumed in the transport contract gives rise to civil liability for both the carrier and the sender. Regarding the liability of the sender and the recipient, the applicable rules are those of common law. However, for the carrier, two types of liability must be analyzed: contractual liability and tort liability. The current legal regime governing contractual liability is established by Article 1350 of the Civil Code. The essential condition for engaging the carrier’s contractual liability is the existence of a transport contract. The general conditions for the carrier’s contractual liability include: an unlawful act causing damage, the fault of the author, the existence of the damage, and the existence of a causal link between the damage and the unlawful act. Legal doctrine considers the carrier’s liability regime to be stricter than the general contractual liability under common law. This is due to the commitment assumed by the carrier, namely, the obligation to deliver the transported goods to the recipient. Consequently, this obligation is considered a result obligation, meaning that any failure in execution may be equated with an unlawful act. Thus, the carrier’s unlawful acts constitute the legal basis for engaging liability. According to Article 1984 of the Romanian Civil Code, the carrier is liable for damage caused by: the total or partial loss of goods; the alteration or deterioration of goods occurring during transport; the delay in delivering the goods. These three unlawful acts, explicitly listed in the legal text, may lead to the engagement of the carrier’s contractual liability. The provisions of Article 1984 of the Civil Code state that total or partial loss of goods, as well as their alteration or deterioration, according to express legal regulations, must occur during transport for the carrier’s contractual liability to be engaged.

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