Legal situation on the so-called “actual carrier” in international conventions
Legal situation on the so-called “actual carrier” in international conventions

Summary/Abstract: The subject matter of this article is to describe the legal situation of the actual carrier on the basis of international conventions governing the contract of carriage in the various branches of transport. After an analysis of the existing provisions contained in the various international conventions, using the methods of interpretation developed in the legal science, the author points out the diversity of this situation. Where the actual carrier is directly liable to the entitled person and this liability has been formed as a joint and several liability or in solidum (together with the contracting carrier) the claim between the carriers is of a recourse nature. On the other hand, if the entitled person from the original contract of carriage cannot pursue claims against the actual carrier (which takes place in the case of claims brought by the sender on the basis of CMR), the claim of the contracting carrier against the subcontractor is of an independent nature. This results in further consequences as indicated in the article.

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