Krytyka Prawa. Niezależne Studia nad Prawem
Wybrane problemy dotyczące stosowania listu przewozowego w krajowym i międzynarodowym przewozie drogowym towarów
Akademia Leona Koźmińskiego
Abstract
The purpose of the article is to discuss selected issues connected with the legal meaning of a consignment note, especially its structure, function, classification and rules for the use of it in the national and international transport of goods by road. Most frequently the sender, the recipient and the transporter recognise the consignment note only as a document that confirms the performance of a carriage service. However, in case of irregularities or deficiencies during transport, the meaning of the consignment note is usually key to the decision which entity involved in the transport process will be liable for damages. The author points to the necessity of recognising a wide range of documents which meet the requirements constituted by the Transport Law Act and the CMR Convention. No refusal to acknowledge the value of a consignment note to a document that meets all of the requirements specified by law should take place, even if a given document has a different function at the same time, e.g. it is a waybill.