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- Title
The concept of 'unavoidable circumstances' in Article 17, para 2, of the CMR in light of German jurisprudence.
- Authors
Czerwenka, Beate
- Abstract
This article discusses the interpretation of the term "circumstances which the carrier could not avoid and the consequences of which he was unable to prevent" by German courts. It shows that despite the consistent past decisions, according to which these circumstances need not to be considered force majeure, German jurisprudence applies rather strict standards and affirms only in the most seldom and exceptional cases the existence of such circumstances. According to theses standards, road traffic accidents as well as robbery may fall under such circumstances. However, theft has never been considered to be such circumstance. Rather, German courts have the tendency to find in theft cases, that the carrier should have taken measures to prevent such theft and the lack such measures is fault equivalent to wilful misconduct under Article 29 of the CMR and makes the carrier fully.
- Subjects
GERMANY; SITUATION ethics; JURISPRUDENCE; TRANSPORTATION policy
- Publication
Uniform Law Review, 2016, Vol 21, Issue 4, p533
- ISSN
1124-3694
- Publication type
Article
- DOI
10.1093/ulr/unw029