Comparative Analysis of the Law Governing the International Combined Transport Compensation in the International Simple Transport Conventions and Precedents

Document Type : Original Article

Authors

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.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 18 January 2023

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History

  • Receive Date: 30 May 2022
  • Revise Date: 10 January 2023
  • Accept Date: 18 January 2023

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