REGIMUL JURIDIC AL CONTRACTULUI DE TRANSPORT FLUVIAL ÎN DREPTUL COMPARAT
LEGAL REGIME OF THE TRANSPORT CONTRACT RIVER IN COMPARATIVE LA

Summary/Abstract: The agreement regarding the river transport in France has a double subordination in relation with the legal regime. Internal transports fall under the land transport legislation, art. L 133-1, L133-7 from the French Commercial Code. French Renane transports fall under the incidence of the German law regarding the domestic navigation from June 15, 1895, which partially gives more contractual freedom (mainly the exonerations of liability), its dispositions coming from the maritime law. Regarding the German transport the legal regime of the contract is governed by the new dispositions in the Commercial Code (HGB) adopted in 1998, which ended the particular character of the river law. In this way a new legal framework has been crated, applicable to all kinds of transport, be it on land, air or water.

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