Comparative Analysis of the Law Governing the International Combined Transport Compensation in the International Simple Transport Conventions and Precedents
1
Professor of the Faculty of Law of Shahid Beheshti University
2
Private law, Faculty of law, Shahidbeheshti university, Tehran, Iran
10.52547/jlr.2023.227424.2230
Abstract
Combined transport is an essential element in the international trade law. International combined transport according to a contract between the consignor and the carrier, is a combination of two or more means and methods of the simple transport (sea, road, air, and rail) that is carried out in the formats of mode-on-mode and mode-to-mode from the origin of one country to the destination of another country. The governing law is affected by the location of damage and the compensation system is based on the governing law, which in Each of the international simple transports, is related to a specific international convention, but the compensation system in international combined transport is complicated due to the sui generis contract and lack of a special convention in force. The law governing the international combined transport compensation, in accordance with the common and enforceable international simple transport conventions, including CMR, COTIF-CIM, Montreal(MC) and Hague-Visby in the forms of international precedents, has been descriptively studied and legally analyzed, which with regard to the modified system, are applicable to the compensation for the whole or part of the international combined transport. Moreover, considering Iran's membership in some of the international simple transport conventions, it has relevance and application in the legal system of Iran.
EftekharJahromi, G., & Rezaei, P. (2023). Comparative Analysis of the Law Governing the International Combined Transport Compensation in the International Simple Transport Conventions and Precedents. Legal Research Quarterly, (), -. doi: 10.52547/jlr.2023.227424.2230
MLA
Goudarz EftekharJahromi; Pouria Rezaei. "Comparative Analysis of the Law Governing the International Combined Transport Compensation in the International Simple Transport Conventions and Precedents", Legal Research Quarterly, , , 2023, -. doi: 10.52547/jlr.2023.227424.2230
HARVARD
EftekharJahromi, G., Rezaei, P. (2023). 'Comparative Analysis of the Law Governing the International Combined Transport Compensation in the International Simple Transport Conventions and Precedents', Legal Research Quarterly, (), pp. -. doi: 10.52547/jlr.2023.227424.2230
VANCOUVER
EftekharJahromi, G., Rezaei, P. Comparative Analysis of the Law Governing the International Combined Transport Compensation in the International Simple Transport Conventions and Precedents. Legal Research Quarterly, 2023; (): -. doi: 10.52547/jlr.2023.227424.2230
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