The contract of carriage of goods by road

Abstract

The Convention on the Contract for the International Carriage of Goods by Road, better known as the CMR Convention has been in existence since it was signed at Geneva on the 19th May 1956, and is still in force toady. This Convention came during the period of unification of transport law, and was one of the last Conventions of its kind to be finalized.

Although the CMR was only incorporated into Maltese law in 2006, the CMR Convention has been applied in Malta from far before this date. This because the CMR renders itself applicable to international contracts of carriage of goods by road, when either the place of taking over of the goods or the designated place of delivery is a contracting state to the CMR Convention. Irrespective of this, the parties to a carriage contract whereby this element is not present, may choose to have their contract regulated by the CMR Convention, this by inserting a clause to that effect in the carriage contract, and the consignment note which is evidence of such contract of carriage.

Essentially a contract of carriage falling within the ambit of the CMR Convention is an international contract whereby the parties do not get the opportunity to come together and agree on the terms and conditions of the contract, as a carriage contract is today commonly concluded orally or through electronic mail.

Therefore the study affected by this thesis is into the forms of international carriage contracts, as well as to the evidence of such contracts and what rights and obligations arise from such contracts, and in absence of a contract, from the evidence of such contract.