THE GROUNDS FOR THE RELEASE OF A CARRIER FROM LIABILITY IN TRANSPORT LEGISLATION


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Abstract

A large number of laws regulating transport relations in the Russian Federation cause conflicts in the legal regulation of the grounds for the release of a carrier from liability. The purpose of this paper is to study the grounds for the release of a carrier from liability according to the transport legislation of the Russian Federation. The author carried out the analysis of the current transport legislation in terms of regulation of the grounds releasing a carrier from liability which divided into three types. Extraordinary or insurmountable circumstances releasing a carrier from liability are the circumstances of the first type. The circumstances of the second type are the circumstances excluding the carrier’s liability as the result of improper performance of a transport obligation by the carrier, which occurs due to the services customer fault, i.e. caused by actions for which the customer was responsible. The third type of circumstances is the circumstances that are not extraordinary and insurmountable but release the carrier from liability if its guilt will not be proved by a consignee. According to the results of the study, the author concludes that a carrier is released from liability if the cargo non-safety caused by the circumstances for which the carrier is not responsible. However, a carrier, who did not perform or performed improperly an obligation, can be released from liability only in the case when the circumstances could not be prevented and removed by the carrier. 

About the authors

Elena Nikolaevna Nemova

Togliatti State University, Togliatti

Author for correspondence.
Email: nemova0303@yandex.ru

lecturer of Chair “Theory and History of State and Law”

Russian Federation

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