Analysis of Road Carriers Liability for Robbery of Cargo According to CMR Convention

  • Tristan Šker
Keywords: road earners liability, theft and robbery of cargo, Article 17. 2 of CMR Convention, exoneration of liability, Italian and European court judgements

Abstract

Road carrers are increasingly facing the risk of theft androbbery of cargo which they are carrying. CMR Convention allowsthe earners to be exonerated from their liability in the caseof circumstances which the ca'ier could not avoid and theconsequences of which he was unable to prevent. Unfortunately,there is no common inte1pretation and application inpractice at the European courts of this part of CMR Convention.With the analysis of court judgements in case of robbery ofthe road ca'ier in Italy it is possible to clarify the interpretationof such events and their connection with the exclusion of liabilityof the road earners contained in the CMR Convention.

References

M. A. Clarke: International carriage of goods by road:

CMR, Sweet & Maxwell, London, 1997, p. 280

A. Messent, D. A. Glass: CMR: Contracts for the international

carriage of goods by road, LLP, London, 1995, p.

F. del Giudice: Codice Civile, CD 4/1999, Multimedia

Simone, Esselibri Spa., Napoli, 1999

V. Corona: Rapina e responsabilita ex recepto: prospettive

per un cambiarnento, Diritto dei trasporti 2000, Nr. 3, P.

Corona V., P. 903

Cass. June lOth 1982, Nr. 3537

Corona V., P. 844

Trib. Verona, October 3rd 1994, Arch. giur. circ. 1996,

How to Cite
1.
Šker T. Analysis of Road Carriers Liability for Robbery of Cargo According to CMR Convention. PROMET [Internet]. 1 [cited 2020Sep.27];15(6):371-4. Available from: http://traffic.fpz.hr/index.php/PROMTT/article/view/903
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