LIMIT ODGOVORNOSTI DRUMSKOG PREVOZIOCA ZA ŠTETU KOJA JE NASTALA NA ROBI – NOVA PRAVILA DOMAĆEG ZAKONODAVSTVA

Abstract

The international carriage of goods by road is regulated by the Convention on the Contract for the International Carriage of Goods by Road (CMR), which was amended by the Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) in 1978. The Protocol to the CMR Convention stipulates that the carrier is liable for compensation in respect of total or partial loss of goods and that the compensation in such cases shall not exceed 8.33 units of account per kilogram of gross weight short. The Protocol compensation limit for which the carrier is liable is much more favourable for the carriers than that stipulated in the CMR Convention. Although the Protocol to the CMR Convention regulates the carrier’s liability in accordance with the CMR convention, the compensation limit for which the carrier is liable is substantially more advantageous. In 2022 the Republic of Serbia enacted in 2020 the Law Confirming the Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR). The legal solutions from the Protocol to the CMR Convention which regulate the issue of the limit of the compensation for which the carrier is liable for the damage of the goods have become the integral part of Serbian legislation. In this paper, the author provides a side-by-side account of the solutions from the CMR Convention and the Protocol to the CMR Convention offering additional explanations regarding the development of the international service market in the domain of carriage of goods by road.