New comment for the transport law. Review

As has already been used to I wrote, collect literature on law przewozowemu. Typically, new purchases on the older items, as it does not contain a lot of new products in the field. Recently, however, fell into my hands a book as the most recent. In late July release issued because LexisNexis New comment for the transport law by Adam Jaworski, doctoral student at the Institute of Civil Law at the University of Warsaw and WPiA trainee judges at the National School of Magistracy. I bought the book already on release, So I had some time to read an in-depth. So I can share with readers your opinion.

I do not hide, that was associated with high hopes a new comment. A number of issues of transport law is controversial in the literature, so it's always interesting to see the new voice in the discussion. There are also issues, which has so far not been sufficiently widely treated in earlier comments.

Too synthetic approach

Unfortunately happened to me in this regard, some disappointment. The book is an extremely artificial, and it is felt in many places, no in-depth analysis of the issues discussed. It is in fact one of the shortest of the published comments of transport law. Counts 161 sites, the comment by T. Szanciło had 375 sites, by Wladyslaw Gorski and Krzysztof Wesolowski 198 sites, and by Wladyslaw Gorski and Adam Żabskiego 281 sites. A similar volume is only a comment Albina Cycling counting 148 sites. To the literature cited in the commentary has only 17 position, of which 4 the previous comments on transport law, a 7 the comments of the Civil Code and publications dedicated to the civil law, without reference to the transport law. Some surprise at this aroused in me the fact, literature that is entered in the register of the first edition of Wladyslaw Gorski comment and Krzysztof Wesolowski to the provisions of the contract of freight forwarding and transport 1996 r. and does not include much more recent second edition of 2006 r.

With this formula, however, I do not book the author plea. Perhaps these were the intentions of the publisher, to post a comment too powerful. Sam, however, was expecting a bit more items.

A well-developed transportation of people and administrative law

As for the content start with the positives. Noteworthy are the passages devoted to the transport of persons, which in my opinion was treated very complex. Great recognition raises a wide range of case law to contact the transport and road transport law. The author thoroughly discusses the issues that may give rise to different effects on the basis of both Acts such as. assignment of transportation to another carrier.

Current legal status

Without a doubt, an advantage that can also be considered, comment that includes the changes in transport law, which entered into force 01.01.2012 r. By the way, the author's views on the changes are highly consistent with my position expressed some time ago in article in the Republic of. Author also does not see the need for burdening the recipient obligations in art. 43 paragraph. 2 pr. wire. (s. 93) the record art. 55to ust. 2 pr. wire. considers it unnecessary, as an entity which commissions carriage is always the sender (s. 113).

Controversial views

Unfortunately, worse in my opinion looks the part relating to the carriage of goods, This happens even though I am most interested in. The first major controversy, that caught my attention, is the author of The nature of the traffic laws. Author takes the view, that those provisions are in force or (s. 24) (with exceptions art. 51, 65 i 80) the most important standard of the Civil Code, which applies to the contract of carriage is the principle of freedom of contract (s. 11). Meanwhile, so far in the literature there was more agreement, that traffic right contains mandatory rules, otherwise there would be no sense of being a separate regulation in this area, when is the contract of carriage in the Civil Code. Unfortunately - as I receive a negative - the author is in no way justifies, why, in this respect, so much different from its predecessors.

Personally, I also do not agree with another's view, that the bill of lading is the primary evidence of the contract of carriage (s. 86 i 97). Practice shows an economic market, concluded a contract of carriage that are primarily in the form of written, mail or using instant messaging commodity. Content of the bill of lading and in many cases differ from the actual findings of sides.

It is also difficult to accept the position, that expressed in art. 55to ust. 1 Item 5 pr. wire. transportable non-reliance of the mass or volume of the shipment in timber traffic, Bulk cargo, or other bulk (which has already been used to I wrote) refers only to the sender, the carrier may offer a way of remunerating. It must be remembered, to conclude that it is necessary to express the will of both parties, and often it is impossible to determine, which party has proposed a specific solution.

A deficiency leaves the issue of the liability of the carrier movement in tort (s. 24). Author seems to indirectly make the argument, that the tort claim against the carrier are acceptable. Unfortunately, his argument does not justify closer, the issue of liability in tort for damage in shipment is not in the doctrine of clear.

Erroneous claims

While it is difficult to make a plea for someone to present your view, it's hard to find an explanation for such a gross error to claim, that the contract of international carriage governed by the United Nations Convention on the International Sale of Goods (s. 14), when such transportation shall be subject to the CMR Convention.

It is also difficult as anything other than treat the problem's statement, that the contract of carriage of goods is a real (s. 82). In the literature there is a consensus for, that the change of 1994 r. contract of carriage has lost its real nature. Besides, the author is not consistent, as later stated comments, that the contract of carriage of goods is a consensual (s. 96).

Final rating

In sum, I would not recommend this item as a single comment on transport law (although I realize, In practice it is available on the market already only electronic edition of Thomas Szanciło comment). However, if we want to enrich the collection of commentary on the most recent showing in some cases different from previous views or positions prefer synthetic affordable and definitely worth to buy this book. Of course my opinion is a subjective, and my preferences (heavier items with a lot of in-depth analysis and links to available literature) not coincide with the expectations of readers 🙂

PS. Another review of the new comments can be found at naprawopatrz.pl – it is good to remember, that this site is affiliated with the publisher LexisNexis