The Impact of Loction of Damages to Goods on Multimodal Transport Operator’s Liability; Analysis of Hypothetical Contract under “Rotterdam Rules”

Articles in Press

Document Type : Scientific Research

Authors

1 Ph.D. in Private Law, Payame Noor University (PNU), Tehran, Iran

2 Professor of private Law, Department of Law, Payame Noor University (PNU), Tehran, Iran

3 Associate Professor,, Department of Private Law, Allameh Tabataba’i University, Tehran, Iran

10.30473/clk.2024.54265.2803

Abstract

Multimodal transportation requires Appyling at least two or more different modes of transport. The liability of carrier can be fixed (which is called the Uniform System) or to be considered fixed after determining where the damage had occurred (which is called the Network System). Despite the growing global multimodal carriage of goods, this area suffers from a lack of a binding international document. In the law of carriage of goods, there are only two Geneva Conventions of 1980 and Rotterdam 2009, as well as UNCTAD/ICC 1992 regulations, which have taken into account the multimodal carriage of goods in particular, and a comparative study of these documents, especially on the liability of carriers and their factors and the type of liability system, whether network or uniform, will help stakeholders in transportation industry greatly. Rotterdam Rules has predicted Hypothetical Contract in Article 26, so it has presented a better solution in comparison with other international instruments.

Keywords

Civil Law Knowledge

Articles in Press, Accepted Manuscript
Available Online from 15 June 2025

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