Review article
The responsibility of rail carrier for the death and physical injury of passengers in rail transport after the accession of the Republic of Criatia to the European Union
Mara Barun
; Pravni fakultet, Split
Abstract
The author analyses the provisions on responsibility for the death and physical injury
of passengers in rail transport after the implementation of the agreement on rail transport
in relation to domestic legal regulations. After the accession of the Republic of Croatia to
the European Union on 1 July 2013, in the domestic transport of passengers the provisions
of the Regulation (EC) No 1371/2007 of 23 October 2007 of the European Parliament and
of the Council on rail passengers’ rights and obligations are applicable. They are entirely
implemented in the Croatian legislation. The analysis of the question of passenger responsibility
in the aforementioned loss is done through the analysis of: legal sources, both international
and national; agreement on passenger transport; general provisions on the responsibility of
rail carrier, and the responsibility of rail carrier for death and physical injury of passengers.
Particular attention is paid to the insurance of the rail carrier’s liability and to the direct
action. The author concludes that the Republic of Croatia has harmonised its legislation with
international unification instruments and the law of the European Union in the area of rail
passenger transport; this has greatly contributed to the modernisation of Croatian contractual
transport law.
Keywords
rail carrier; responsibility; death and physical injury of passenger; compulsory insurance; direct legal action
Hrčak ID:
116707
URI
Publication date:
10.12.2013.
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