Acta Universitatis Danubius. Juridica, Vol 11, No 2 (2015)

Abstract

In this material we intend to continue the analysis of the contract of carriage of goods on the Danube river internationally in general and, in particular, to analyze the causes of exemption from liability of the carrier Danube. Objectives: The main objective is to argue how, in the event of damage caused during transport, the carrier is presumed to be at fault, the effect of triggering the presumption of liability may rebut the presumption rebuttable by evidence to the contrary, proving that the real cause of injury it is not responsible. Prior Work: Given that Romanian and European doctrine analyze these causes, this paper aims to examine in detail and compared their impact, analyzing legal texts, and impact in the sample. Approach: We consider exculpatory circumstances, based on the interpretation of international regulation of the contract of carriage of goods by inland waterways, which we will report in detail. Results: By comparing the two international conventions, we demonstrate that these causes have a responsibility to remove predetermined scope, in that they affect both contractually and in tort carrier. Values: Article used as a research method analysis of these laws incidents interpretation of the grounds of exemption punctual carrier liability Danube.