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The Analysis of the Carrier’s Obligations during the Movement of Goods in Terms of Dual Perspective of the Budapest Convention and the Settlement of the New Civil Code

Keywords: contract of carriage , carrier , contractual liability , good faith

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Abstract:

In the present study we have analyzed one of the most important, but at the same time conflicting, the carrier’s obligations arise under the contract of carriage, that is the compliance of the itinerary while traveling goods to their destination, safely without delay. Using content analysis, through a descriptive documentary research and jurisprudence analysis, this study aims at identifying both the content of the obligation of complying the itinerary established in the contract or the usages that derive from, and particular aspects of this obligation which modifies the original terms of the carriage contract. Also, the paper discusses the texts of the New Civil Code and the Budapest Convention on the carriage contract on inland waterways. To what extent the carrier is entitled to invoke the exemption causes of liability? What are these causes? The paper is in the interest of legal practitioners that confront with the compliance issue of the carrier’s obligations and attracting the liability of the carrier for all damages of the goods, during and after the route deviation from the itinerary in given situation.

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