Road carrers are increasingly facing the risk of theft androbbery of cargo which they are carrying. CMR Convention allowsthe earners to be exonerated from their liability in the caseof circumstances which the ca'ier could not avoid and theconsequences of which he was unable to prevent. Unfortunately,there is no common inte1pretation and application inpractice at the European courts of this part of CMR Convention.With the analysis of court judgements in case of robbery ofthe road ca'ier in Italy it is possible to clarify the interpretationof such events and their connection with the exclusion of liabilityof the road earners contained in the CMR Convention.
M. A. Clarke: International carriage of goods by road:
CMR, Sweet & Maxwell, London, 1997, p. 280
A. Messent, D. A. Glass: CMR: Contracts for the international
carriage of goods by road, LLP, London, 1995, p.
F. del Giudice: Codice Civile, CD 4/1999, Multimedia
Simone, Esselibri Spa., Napoli, 1999
V. Corona: Rapina e responsabilita ex recepto: prospettive
per un cambiarnento, Diritto dei trasporti 2000, Nr. 3, P.
Corona V., P. 903
Cass. June lOth 1982, Nr. 3537
Corona V., P. 844
Trib. Verona, October 3rd 1994, Arch. giur. circ. 1996,
Guest Editor: Eleonora Papadimitriou, PhD
Editors: Dario Babić, PhD; Marko Matulin, PhD; Marko Ševrović, PhD.
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