HCCJ. Contract of International Carriage of Goods. Liability for cargo theft.

The High Court of Cassation and Justice decided that, in accordance with art. 17 pts. 1 of the Convention on the Contract for the International Carriage of Goods by Road (CMR), the carrier is liable for the total or partial loss or damage, produced between the moment of receipt of the goods and the release, and also for the delay in release. Therefore, if the the cargo transported with the insured mean of transport was stolen, the carrier will be liable to the owner of the goods, according to art. 17 of the CMR, and the insurer is obliged under the insurance contract for the carrier’sliability, to pay him compensation, not being able to claim exemption from liability of the carrier for lack of guilt in stealing the goods, especially since the act of leaving the truck unattended represents negligence of the driver. (Decision no. 3197 of 10th October 2013 rendered in appeal by the Second Civil Division of The High Court of Cassation and Justice, covering compensation).

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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