Suspension of the period of limitation under the CMR and silence of the carrier: new approach

• Autores: Nikoleta Radionov
• Localización: El transporte como motor del desarrollo socioeconómico / María Victoria Petit Lavall (dir.), Achim Puetz (dir.), 2018, ISBN 978-84-9123-604-7, págs. 143-157
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • Suspension of the period of limitation in case of failure of the carrier to reject the claim in writing for an indefinite period of time is unacceptable since it would leave both the carrier and his liability insurer indefinitely liable for damages. It goes against the principles of due diligence of all stakeholders in modern business, as well as the rationale behind the very short period of limitation for the contract of carriage by road. Therefore, the three preconditions needed for ending the suspension referred to in Art. 32. Par. 2 CMR have to be interpreted very broadly and in a teleological way. The documents should not be returned with the rejection of the claim, the rejection can be made by the carrier as well as by his liability insurer, and it need not be made in writing. It can also be construed from the silence of the carrier after a reasonable period of time, which is decided upon by the judge seized of the case.