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FAQs: Transportation

Inland Transportation

Q.  What law governs liabilities arising from the performance of inland transport?
A.  The Civil and Commercial Code on Carriage of Goods.

Q.  What is the basis of liability of the carrier?
A.  Strict liability. The carrier is liable for the loss of or damage to the goods or delay in delivery unless he can prove that the loss, damage or delay was caused by force majeure, the nature of such goods, or the fault of the consignor or consignee.

Q.  Can the carrier make out a provision in a receipt, consignment note or other documents delivered to the consignor to exclude or limit his liability?
A.  No. Such provision is null and void under the Civil and Commercial Code, unless the consignor expressly agreed to such exclusion or limitation of liability.

(October 11, 2007)

The above is intended to provide general information only. The contents do not constitute legal advice and should not be relied upon as such. If legal advice or other expert assistance is required, the services of competent professionals should be sought.


For further information, please contact Ms. Pimvimol (June) Vipamaneerut, Partner & Head of Transportation & Insurance Group (june.v@tillekeandgibbins.com).

 

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