The role of parties to the contract of sale in the contract of carriage of goods by road and vice versa

english

2016

volume 71, issue 9/10

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The contract of sale and the contract of carriage that the buyer or seller concludes with an independent carrier in order to fulfil his obligations arising from the contract of sale are two separate legal transactions that create separate rights and obligations, pertinent to each type of legal transaction, for the parties to each contract. However, the fact that the contract of carriage is concluded as part of the sale plays the most important role. Rights and obligations of all entities involved in the sale are thus intertwined and create a complex cluster of relationships. As the buyer does not receive the goods directly from the seller, seeing that the goods are handed over with the involvement of the carrier, a clear definition of roles respective parties hold in relation to the contract of sale and contract of carriage is significant both in terms of ensuring (correct) fulfilment of obligations per the contract of sale and contract of carriage, as well as in terms of defining the actions of respective parties which are necessary to ensure that beneficiaries of respective contracts are able to bring (successful) claim or action in the event of breach of contract.

29.05.2017