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Η ευθύνη του μεταφορέα στη συνδυασμένη μεταφορά (Master thesis)

Χαριζάνη, Διονυσία/ Harizani, Dionysia

In a multimodal carriage contract, where goods are transported from place to place using two or more types of different means of transport, the liability of the carrier or the person ordering the transport in the event of damage occurring during transit is not regulated in a uniform manner in the domestic and international legal order. In the national legal order, the legal framework governing single-mode transport (land, air or sea), both for domestic transport (the Civil Code and the Commercial Law for road transport, the Rail Transport Regulation, the Code of Aviation Law for air transport) as well as the ratified international treaties CMR for international road transport, COTIF-CIM for international rail transport, the Montreal Convention for international air transport, and the Hague-Visby Rules for domestic and international maritime transport, are also applicable for the purpose of determining the liability of the carrier and the ordering party of a combined transport operation, with the choice of the legal regime governing the part of the transport operation during which the damage occurred being a prerequisite for the application of the law. International efforts to resolve the issue of determining liability in the multimodal transport of goods include the 1980 UN International Convention, which makes the Multimodal Transport Operator (MTO) contractually and non-contractually liable for any damage, irrespective of whether the damage was caused in any part of the transport. The UNCTAD/ICC rules developed by the International Chamber of Commerce are also widely used in shipping documents and, when incorporated into the multimodal transport document, regulate the liability of the MTO. Finally, the Rotterdam Rules include a pre- and post-carriage leg by establishing a single liability of the maritime carrier as well as liability for maritime negligence.