11. Contract de transport internaţional de mărfuri. Furtul mărfii. Acţiune în despăgubiri. Dispoziţiile legale aplicabile
11. Contract for the International Carriage of Goods. Theft of goods. Action for compensation. Applicable legal provisions

Summary/Abstract: According to art. 17 paragraph (1) of the Convention on the Contract for the International Carriage of Goods by road (CMR), the carrier is liable both for the total or partial loss or for the damage of goods between the receipt date of the goods and their release date, and for the delay in the release of goods. In case the shipping company has not the capacity of the carrier of the goods – which were stolen during their carriage –, as it acted only as an agent between the beneficiary and the effective carrier and it could not be charged with having caused the respective damage, its insurer cannot be obliged to pay any compensation, as it is impossible for it to be liable for a damage which is not related to the insurance agreement of the shipping company, in virtue of Law no. 136/1995, but rather to an event occurred during the carriage, for which the carrier is liable in virtue to the provisions of the CMR Convention signed in Geneva.

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