Krovinių vežėjo neatsargumas kaip neribotos civilinės atsakomybės taikymo pagrindas

LTReikšminiai žodžiai: Krovinių vežėjai; Krovinių vežimas; Carrier.

ENThe purpose of this article is to analyze the legal regulation of carrier’s of goods liability limitation and to assess the content of different forms of carrier`s negligence in the context of carrier`s unlimited liability. The research showed that it would be purposeful to change the legal regulation of carriage of goods by inland or/and rail transport in Lithuania, specifically by supplementing the legal regulation with the provision of carrier’s liability limits and that this provision shall not apply if it is proved that the damage resulted from an act or omission of the carrier, done with intent to cause damage or recklessly and with knowledge that damage would probably result. Furthermore, the research showed, that it would be purposeful to change the legal interpretation of CMR article 29 (part 1) adopted by Lithuanian courts which states that gross negligence is considered to be equivalent to wilful misconduct and to establish, that only recklessness with knowledge that damage would probably result can be considered as equivalent to wilful misconduct in the context of CMR article 29. Besides, it is important to understand that the notion of such recklessness differs from that of gross negligence. Recklessness with knowledge that damage would probably result can only be determined in the light of carrier`s subjective guilt – in such case the carrier must understand the great danger arising because of his behavior. If nor – limited liability must be implemented. [From the publication]