Przeszkody w wykonaniu usługi międzynarodowego i krajowego przewozu drogowego towarów
The impossibility of performance of the contract of international and domestic carriage of goods

Summary/Abstract: The aim of the article is to provide regulations on obstacles to the carriage of goods by road, both under national law and the provisions of the CMR Convention, and to compare them with those of other related instruments. The author analyzes applicable regulations and presents emerging practical problems while making their own assessment. The article also pointed out that under national law obstacles to transport were regulated in a narrower and less flexible manner than in the case of international rules. The author submits that deficiencies in national law relate to matters such as granting the right to issue instructions only to the broadcaster, the lack of possibility for the carrier to act on its own in exceptional circumstances, the narrowness of the carrier's claims and the inconsistency between the existence of these claims on the fault of the carrier. The general principle of liability of the carrier based on the principle of risk.

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