Law of Transport and Logistics
I have been working in the field of transport law and law of logistics since my studies. This area was not only the topic of my final theses, but also of my later publishing activities, and it also filled and filles a substantial part of my previous and current legal practice. I was mainly dealing with the legal regulation of transport contracts and forwarding contracts, as well as other types of transport-related contracts, such as a contract on the lease of a means of transport, a contract on the operation of a means of transport, a contract on storage etc. These cases mainly concern the completion and use of transport documents (consignment notes and bills of lading), the probative value of these documents in potential disputes, the right to dispose with the consignment, the carrier’s liability, and both the reasons for which the carrier is exempt from liability (liberation grounds, reasons for exculpation) as well as the amount of compensation that the carrier will be obliged to pay. The issue of the amount of compensation for damage is also related to the issue of increasing the limits of the compensation obligation and the issue of so-called qualified fault. In these cases, it is no less often necessary to resolve the issue of the competent court and the limitation of the claim for damages or freight charges. Within the framework of transport law, the issue of the circulation (or exchange) of pallets and the disputes resulting from it are often addressed. In this area, I deal mainly with the preparation and revision of contractual documentation, including the so-called transport or forwarding terms and conditions, as well as disputes over unpaid freight, disputes over compensation for damage arising from damage, loss or delay in the delivery of a consignment. This area also includes the resolution of disputes with insurance companies regarding the payment of insurance benefits from the insurance of the cargo or from the carrier’s liability insurance, or the enforcement of the insurance company’s claims in the context of recourse.
In addition to the provisions of czech Act No. 89/2012 Coll., the Civil Code, the Convention on the Contract for the International Carriage of Goods by Road (CMR, No. 11/1975 Coll.), the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM, Appendix B to the Convention concerning International Carriage by Rail – COTIF, No. 65/2016 Coll.) and the Uniform Rules concerning Contracts of Use of Vehicles in International Rail Traffic (CUV, Appendix D to COTIF) are often applied in these cases. Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention, No. 123/2003 Coll., m.s.) also apply, less frequent is the use of standards contained in the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI, No. 32/2006 Coll. m.s.) or the United Nations International Convention on the Carriage of Goods by Sea (Hamburg Convention, No. 193/1996 Coll.). Relevant provisions are also contained in subordinate legislation, such as Government Regulation No. 1/2000 Coll., on Transport Rules for Public Rail Freight Transport (Railway Transport Rules). With regard to the international nature of transport, a number of issues in the framework of transport law cannot be resolved without the involvement of legislation contained in regulations that are not part of the legal order of the Czech Republic, for instance the Agreement concerning the International Carriage of Goods by Rail (SMGS Agreement), or the International Convention for the Unification of Certain Rules for Bills of Lading of 1924 (The Hague Rules), or the same Convention as amended as revised by the so-called Brussels Protocol of 1968 (The Hague-Visby Rules).
International and domestic transport is also significantly affected by public-law, which is contained, for example, in Act No. 266/1994 Coll., on Railways, Act No. 111/1994 Coll., on Road Transport or Act No. 114/1995 Coll., on Inland Navigation. In this area, I focus mainly on the application of regulations in the field of railway transport, e.g. in the issues of access to infrastructure (especially railway sidings and railway-service facilities). In road transport, I usually deal with the area related to offences committed by road carriers (most often overloaded vehicles), as well as the fulfilment of the conditions for business in freight transport operated by large vehicles and issues related to traffic accidents of foreigners in the Czech Republic (especially the application of the Hague Convention on the Law Applicable to Road Accidents, in the Czech Republic published under No. 130/1976 Coll., and subsequent disputes over the payment of damages from the liability insurance of the culprit).
The law of postal services (postal law) is also close to transport law and logistics law, especially when it comes to the transport of consignments – packages (or other handling of them). The legislation is mainly contained in Act No. 29/2000 Coll., on Postal Services. In this area, I have so far dealt with the conditions of business on the postal services market, the access of the postal service provider to the network of the postal licence holder, disputes with the postal licence holder over access and representation of the postal service operator in inspections and other proceedings conducted by the Czech Telecommunication Office (CTU).
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