Risks Identification and Analysis in the Contract of Carriage of Goods
Risks Identification and Analysis in the Contract of Carriage of Goods

Summary/Abstract: The issue of risks related to contracts, as well as analyzing and defining risk, in general, was not, in our juridical literature until the adoption of the current Civil Code, a concern that generate a distinct study on it was not done, in this regard , a full analysis of the contractual risks. Changes to the current Romanian Civil Code made the specific literature to focus attention on those legal issues. The current Civil Code lists and defines excused liability cases and the rules for bearing the risk contractually are stipulated as a rule of principle, as well as specific rules applicable to certain types of contracts. In this regard, exempting liability cases are covered in the chapter on civil liability in art. 1351-1356 Civil Code. Also, contractual risk is regulated as general rule applicable in principle to all contracts in art. 1634 Civil Code. Risks terminology has evolved and, today, the doctrine distinguishes between: risk of the good, obligation risk and contractual risk. With reference to the types of contracts, we can conclude that there are three cases that can be taken in view of the contractual risk: res perit debitori, in which case the obligation’s debtor bears the risk, res perit creditori, in which case the obligation’s creditor bears the risk and res perit domino when the owner bears the risk. The carriage contract is a mutually binding contract and although in principle the contract of carriage should be subjected to the rule res perit debitori, Civil Code solutions are different from this rule in some cases which target assumption of risks.

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