Liability for loss of quantitative and transport containers

The laws of movement in a very rigorous way they treat the carrier's liability for damage in shipment. In some cases, however, the legislature has provided for the carrier favorable legal presumptions, to help him defend the claims of injured, where there are serious doubts, whether the damage occurred during transportation.

Quantity shortages

By virtue of art. 65 paragraph. 1 pr. wire. operator is responsible for shipping loss resulting from the adoption of the transporter for its issue on the basis of risk. For loss shall be the difference between the weight of the shipment or the number of individual elements making up the consignment existing on the date of acceptance of your shipment and at the time of issue. The defect can speak only for, the absence of a specific item does not affect the other parts of the consignment. So if there is a specific object transport in parts, failure of one of these parts must be treated as damage, and not as a loss, because the part is essential for the assembly of the article.

It is important to distinguish between the loss and the loss of the consignment. While in the latter case of loss due to the lack of acknowledgment of receipt of shipment by the consignee on the waybill, whereas in case of loss, it is necessary observance by a person authorized acts of care under the law of the transport, in particular the drawing damage protocol. None of these acts will generally lead to the extinction of a claim against the carrier.

So how do we distinguish between a loss of loss? It is, that the loss of the consignment can not be said, when the recipient reaches any part of the consignment, even supposed to be the same package. In this case, even the absence of all moving parts will also be treated as a loss.

Formed on similar principles to the carrier's liability for defects in the CMR Convention, except that in the Convention, which bear the name of partial loss.

Natural losses

For certain types of weight loss products is a natural consequence of their properties. As is emphasized in the literature (In. Mountain: Commentary on the provisions of the contract of carriage and freight forwarding) cause of such defects are the natural physical processes, chemical or biological, that there are goods in transit, such as drying, evaporation, Freeze, volatilization, adhesion, penetrate the container walls, rozkurz, washout, respiration, fermentation or rotting. Therefore, in accordance with art. 67 st. 1 pr. wire. provided, that in the situations described above the carrier is liable only for that portion of the loss, losses that exceed the standards established in applicable law or customary, unless the damage resulted from causes not justify the use of standards acceptable loss. At the same time to in paragraph. 2 includes the authority to determine by regulation standards for natural losses.

At the moment there are no laws specifying the amount of allowable losses. The carrier can thus rely exclusively on customary norms, which in many cases can be derived from standards based on existing orders, years ago the Minister of Transport.

The injured party can show, that the loss arose from other causes than the natural characteristics of the product, but proof of such fact alone is not, that the losses are greater than the time standards adopted. In this case, the carrier is liable for the loss of just in excess of the standard.

Treated differently on the issue of natural losses CMR. No separate provision in the, which zwalniałby carrier from liability for a certain level of losses. So be sure to refer to Article. 17 paragraph. 4 lit d, according to which the carrier is not liable for damages resulting from the inherent product, which can cause total or partial loss or damage, in particular by dry, leakage, normal wastage, etc.. In international transport so there is no loss of natural boundaries, over which the carrier is responsible. Even so in the case of partial loss of a substantial part of the consignment, the carrier - unlike in transport law - will be able to completely absolve itself of responsibility. The carrier does not even need to prove, that the loss was because of the natural properties of the product. According to art. 18 paragraph. 2 Convention Prima facie evidence is sufficient, that due to the partial loss of the facts might have occurred for this reason, and the person entitled to demonstrate, that it was not.

Examined the weight and quantity of shipment by the carrier

Transport Law also contains other beneficial to the carrier for loss alleged shipment. According to art. 66 paragraph. 1 the carrier is not liable for such losses, if the mass and number of packages have not been reviewed by the carrier the registration of, and the shipment was delivered without a trace violations. If the shipment is transported in a closed form of transportation (container) additional condition exclusions of liability is no damage to the seals on the container sender. Again, however, in the case of container transport is a fundamental premise of no violation of the consignment. Thus, if the consignment will be delivered undamaged and sealed container, but will bear the traces of violation, carrier shall be responsible for the general principles.

In the above-mentioned situations, the presumption may be rebutted, If the person entitled proves, that the damage at the time of acceptance of your shipment until it is. It should be noted, that the carrier is entitled to invoke the presumption of art. 66 paragraph. 1 pr. wire. only in the case, if the sender did not require him to convert the packages to be weighed or. This rule does not result directly from the provisions of the Act, but it is widely accepted.

Other defects in container business

Carriage of consignments in containers can be beneficial to entrepreneurs, not only in the event of shortages in a shipment. Art. 66 paragraph. 2 pr. wire. constitutes the, that If the shipment arrived at destination in shipping container, not compromised, closed by the sender and of not compromised, folded by the seals, presumed to be, that no damage occurred during transport. This provision is therefore applicable to all the damage in shipment. The type of regulation has profound reasons, as the carrier for carriage to give the closed and sealed container, is not possible to check the status of the consignment, and therefore under Article. 781 § 2 k.c. is assumed, that the shipment was in good condition. So if not art. 66 paragraph. 2 pr. wire. carrier are generally not able to free himself from liability even if at the time of shipment was damaged give. It is important to both, by closing and sealing the shipping container made the sender. When you participate in the activities of the carrier, presumption is not applicable, because the carrier has the opportunity to examine the consignment.

Also, if this presumption, the person entitled may lead to its overthrow, showing, that the damage occurred during transportation, which in many cases, however, may not be able to.

It should be noted, that described regulation only applies to transport containers such as containers, wagony itp. And will not apply to items such as sealed. in cartons or plastic containers. The opposite position is often presented by the courier company is not correct, and judicial practice is not supported.