9780429685859 (electronic book) 0429685858 (electronic book) 9780429401442 (electronic book) 0429401442 (electronic book) 9780429685842 (electronic book : Mobipocket) 042968584X (electronic book : Mobipocket) 9780429685866 0429685866 9781138393936 1138393932
Contemporary commercial law
The Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulationregarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier's liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague-Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport,to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage. This book investigates the rules of carrier's liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage. This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.
Formatted Contents Note
Cover; Half Title; Series; Title; Copyright; Contents; Detailed Contents; Foreword; Table of cases; Table of legislation; Part I Introduction and method; Chapter 1 Introduction; 1.1 The theme; 1.1.1 The contractual approach to applicability; 1.1.2 The aim and perspective of this study; 184.108.40.206 Research questions; 1.2 Method; 1.2.1 The relevance of this study; 1.2.2 Reflection on interpretation of uniform law; 1.2.3 Reflections on the legal method; 1.2.4 Delimitations; 1.2.5 The legal sources; 220.127.116.11 International conventions of uniform law; 18.104.22.168 Precedent as a source of law 22.214.171.124 Doctrine126.96.36.199 Travaux préparatoires; 188.8.131.52 References; 1.3 Mapping the intended route; Part II Current law and theory; Chapter 2 The carrier's liability under current regimes; 2.1 Background; 2.2 The conventions relevant to the study; 2.2.1 The Hague-Visby Rules; 2.2.2 The Hamburg Rules; 2.2.3 The Rotterdam Rules; 2.2.4 The CMR convention; 2.2.5 The COTIF-CIM convention; 2.2.6 The Montreal Convention; 2.3 The sea carrier's liability under current regimes; 2.3.1 The Hague-Visby Rules; 2.3.2 The Scandinavian maritime codes; 2.4 The sea carrier's liability under the Rotterdam Rules 2.5 The road carrier's liability under the CMR convention2.6 The rail carrier's liability under the COTIF-CIM convention; 2.7 The air carrier's liability under the Montreal Convention; 2.8 Conclusion; Chapter 3 Application of unimodal conventions in a multimodal context status quo; 3.1 The basic problem; 3.2 Two alternative systems; 3.2.1 The uniform system; 184.108.40.206 Contract categories and contracts sui generis; 3.2.2 The network system; 220.127.116.11 Localization of damage and delay; 18.104.22.168 "Terminal-problems", the seam of the network system; 22.214.171.124 The modified network system 126.96.36.199 Unauthorized substitution3.2.3 The systems applied in national legislations; 188.8.131.52 German national legislation; 184.108.40.206 Dutch national legislation; 3.2.4 Conclusions; 3.3 Multimodal aspects of the unimodal conventions; 3.3.1 Extended scope of applicability of unimodal conventions; 220.127.116.11 The CMR convention; 18.104.22.168 The COTIF-CIM convention; 22.214.171.124 The Montreal Convention; 126.96.36.199 The Rotterdam Rules; 188.8.131.52 Article 26 the limited network system; 184.108.40.206 Article 82 relation to other unimodal regimes; 220.127.116.11 Conclusion; 3.3.2 The relationship between the unimodal conventions 18.104.22.168 The Rotterdam RulesThe Rotterdam Rules and the Montreal Convention; The Rotterdam Rules and the CMR convention; 22.214.171.124 The CMR convention; The CMR and the Hague-Visby Rules; The CMR convention and the COTIF-CIM convention; 126.96.36.199 The COTIF-CIM convention; 3.4 The legal background to the research questions; 3.4.1 Precedent; 188.8.131.52 Danish Maritime and Commercial Court 19 January 1984 (U.1984.577S); 184.108.40.206 German Federal Supreme Court BGH 24 June 1987; 220.127.116.11 German Federal Supreme Court BGH 17 May 1989, I ZR 211/87
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