RELATIONSHIP BETWEEN TRANSPORT LAW AND INSURANCE LAW



RELATIONSHIP BETWEEN TRANSPORT LAW AND INSURANCE LAW

Authors

Dr. Attila Vermes, Széchenyi István University , Department of Commercial, Land and Labour Law

Description

The main goal of my paper is to analyse the connection between transport law insurance law, and to lay down the core principles of this important and also special connection.

Abstract

Both legal fields are in nexus with the transport industry, but they have an interesting symbiosis for centuries. In this paper I study and compare the history and development of transport law and insurance law in relation with each other from a unimodal and multimodal perspective also.

With the help of law and economics, using the relevant data sheets from the logistic sector, I´m looking for the new lex mercaria (law merchant), to summarize the best practices from insurance policies and general contract terms.

In this paper I study the liability of carriers, freight forwarders and multimodal transport operators and I also mark the insurability of commercial transport contract from an interdisciplinary scientific perspective, reflecting also the practical needs of the logistic sector.
I want to compare the legal nature of carriage of goods, freight forwarding and relevant insurance contracts (e.g. hull / casco, cargo, liability) and to point out that the main international legal conventions, general contract terms and model laws were made in the Janus-faced connection between carriers and commercial insurers.
At the end of the paper I analyse the codification and current status of the so called Rotterdam Rules (United Nation Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 2008) and the new Principles of European Insurance Contract Law (PEICL), of course reflecting to the relevant opinions from major international organisations, such as FIATA (International Federation of Freight Forwarders), and give some de lege ferenda propositions for the unimodal and multimodal transport and insurance law.

Publisher

Association for European Transport