Contract of carriage

from Wikipedia, the free encyclopedia

A transport contract is a special form of contract under the law of obligations for the transport of people or objects ( goods ).

The passenger transport contract is usually viewed as a contract of carriage in the narrower sense. A freight contract is usually concluded for the transport of objects (goods) . Basically, it is always important to first distinguish whether people or goods are being transported.

National regulations

Germany

The contract of carriage in German private law is success-oriented, so it represents a special form of the contract for work and services (§§ 631 ff. Of the Civil Code - BGB); the work in this sense is the success of the promotion, d. H. the safe (and usually punctual) transportation of people and / or goods.

Passenger transportation

The passenger transport depends on the means of transport and the type of traffic (keywords: regular traffic , occasional traffic ) through

regulated.

Freight transport

The transport of goods for the transport of goods by road or rail vehicles, aircraft or inland waterway is regulated under civil law according to §§ 407 ff. Of the Commercial Code (HGB) - and additionally according to §§ 631 ff. BGB. Sections 476 ff. Of the German Commercial Code apply to sea transport. In addition, various public law regulations, especially the Road Haulage Act (GüKG), are relevant.

The contract of carriage is a consensual contract and not a real contract ; d. In other words, the mutual agreement of the contractual partners is sufficient for the contract to come about. It requires no physical transfer of good and bill of lading (so-called. Realakt ) to the binding transactions to effect (hedged). A special shape is also not required (freedom of form). A consignment note must be issued at the carrier's request ; however, there is no obligation to issue from the outset. The acceptance of the goods and, if applicable, a consignment note are already part of the performance of the contract.

Austria

For Austria, freight contracts with motor vehicles are regulated by the Federal Act on the Commercial Transport of Goods by Motor Vehicles (Goods Transport Act 1995 - GütbefG) (currently in the version of BGBL. I No. 153/2006). The General Terms and Conditions for Transporters (AGT) apply to national and international freight transport .

International regulations

Passenger transportation

The passenger transport depends on the means of transport and the type of traffic ( regular traffic , occasional traffic ) through

  • various EC regulations for passenger transport by bus;
  • various EC regulations, as well as the COTIF (with Appendix A: CIV ) for passenger transport by rail;
  • various EC regulations, as well as the Montreal Convention (MT) [or sometimes also the older Warsaw Convention (WA) from 1929 or one of the successor regulations issued] for passenger transport by air;
  • various EC regulations, as well as the Athens Protocol from 1974, the revision protocol to the Athens Protocol from 1999 [and - as far as German law is applicable - §§ 536 ff. of the Commercial Code (HGB)] for passenger transport by seagoing vessels;

regulated.

Freight transport

The carriage of goods is through

  • the CMR (and in addition through individual national regulations, if permitted by the CMR) for the transport of goods by road;
  • the COTIF (with Appendix B: CIM ) (and in addition by individual national regulations, if permitted by COTIF / CIM) for the transport of goods by rail;
  • the Montreal Convention (MT) [or sometimes also the older Warsaw Agreement (WA) of 1929 or one of the subsequent regulations issued to it] (and in addition through individual national regulations, insofar as permitted by the MT / WA) for the transport of goods by aircraft;
  • the CMNI (and in addition by individual national regulations, if permitted by the CMNI) for the transport of goods on inland waterway vessels;
  • the Athens Protocol from 1974, the revision protocol to the Athens Protocol from 1999 (as well as - as far as starting from Germany - §§ 476 ff. HGB for the carriage of goods by seagoing vessels);

regulated.

See also

literature

  • on freight transport (primarily from a German perspective):
    • Wieske: Transport law recorded quickly. 3rd edition, Springer, Berlin / Heidelberg 2012, ISBN 978-3-642-29725-0 .
    • Koller: Transport law. Comment. 9th edition, CH Beck, Munich 2016, ISBN 978-3-406-70113-9 .
    • Hartenstein, Reuschle: Handbook of the specialist lawyer for transport and forwarding law. 3rd edition, Carl Heymanns, Cologne 2015, ISBN 978-3-452-28142-5 .
    • Wagner: The EC regulations Brussels I, Rome I and Rome II from the perspective of transport law. In: Transport Law. 2009, 281.
  • on passenger transport (primarily from a German perspective):
    • Haak: Liability in passenger transport - Legal developments in the field of international passenger transport. In: Transport Law. 2009, 162.
    • Ronald Schmid, Holger Hopperdietzel: Passenger rights - a snapshot. In: New legal weekly . 2010, 1905.
    • Ernst Führich: Travel law. Handbook of travel contract, travel agency, travel insurance and individual travel law. 6th edition, CH Beck, 2010, ISBN 978-3-406-60413-3 .
    • Bidinger et al. a .: Passenger transport law. Erich Schmidt, Berlin (loose-leaf collection).
    • Fielitz, Grätz: PBefG. Comment. Wolters Kluwer, Cologne (loose-leaf collection).
    • Walter Schwenk, et al .: Handbook of Aviation Law. Heymann, Cologne 2005, ISBN 3-452-25515-8 .
    • Elmar Giemulla, Ronald Schmid: Frankfurt commentary on aviation law. Vol. 1-4: Commentary. Luchterhand, Cologne, ISBN 978-3-472-70430-0 (loose-leaf collection).
    • Wolfgang Kunz: Railway law. Systematic collection with comments on German, European and international regulations. NOMOS, Baden-Baden 2008.
  • Regarding other legal systems (but essentially considering freight transport):
    • Mug: English transport law. In: Transport Law. 2010, 127.
    • Becher: The Application of the CMR in English Legal Practice. In: Transport Law. 2007, 232.
    • Atamer: Reform of Turkish transport and sea freight law. In: Transport Law. 2010, 50.
    • Foglar: Swiss transport law. In: Transport Law. 2009, 290.
    • Jesser-Huss: Current transport law problems in Austria. In: Transport Law. 2009, 109 ( PDF; 508 kB ).
    • Eckoldt: The Dutch CMR case law. In: Transport Law. 2009, 117 ( PDF; 531 kB ).
    • Gruber: Current problems with transport law in France. In: Transport Law. 2009, 123 (PDF; 580 kB)
    • Zucconelli: The reform of the Italian road haulage law. Regulated liberalization and practical consequences for foreign contracting parties. In: Transport Law. 2007, 177.
    • Lubach: On the handling of the carrier's organizational fault in Spanish case law. In: Transport Law. 2007, 236.

Individual evidence

  1. ↑ cf. as an example of the prevailing opinion: Otto Palandt (founder): Bürgerliches Gesetzbuch. Commentary on the German Civil Code with subsidiary laws . before § 631 BGB, Rn. 17a, 70th edition, CH Beck, Munich 2011, ISBN 978-3-406-61000-4 .
  2. ↑ General terms and conditions for carriers. (No longer available online.) In: Transportrecht. Fachverband Güterverkehr / AISÖ, 2009, formerly in the original ; Retrieved February 3, 2010 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / dietransporteure.at  
  3. ↑ Sections 536 ff. Of the German Commercial Code (HGB) in the version that has been in effect since the law on reforming maritime trade law came into force on April 25, 2013. Until April 24, 2013: § 664 HGB and annex to § 664 HGB.