Original scientific paper
https://doi.org/10.21857/mnlqgcr2xy
The Sender’s and Carrier’s Obligations Concerning Customs and Other Formalities According to the CMR Convention
Nikoleta Radionov
orcid.org/0000-0003-0556-4879
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Adriana Vincenca Padovan
orcid.org/0000-0003-0013-1820
; Jadranski zavod Hrvatske akademije znanosti i umjetnosti, Zagreb, Hrvatska
Abstract
This article examines the obligations and liabilities of the parties to a contract of international carriage of goods by road with regard to the necessary documents and information for the purposes of customs and other procedures that must be performed before the delivery of goods within the meaning of Article 11 of the CMR Convention. Through a comparative analysis of the respective case law in the CMR member states and of the internationally relevant legal doctrine, the authors identify possible problems in applying the relevant provisions of the CMR Convention and find appropriate solutions to uniformly interpret the CMR Convention at the international level. Ultimately, the aim is to increase legal certainty for all stakeholders with a material interest in relation to a contract for the international carriage of goods by road. The authors pay special attention to the current domestic case law on the application of Article 11 of the CMR Convention and suggest appropriate solutions in the context of Croatian law when it applies to a contract for the international carriage of goods by road.
Keywords
CMR, international carriage of goods by road; carrier’s liability; sender’s liability; customs; documentation
Hrčak ID:
290147
URI
Publication date:
27.12.2022.
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