Transport

This includes all modalities: water, road, air and rail.

The liability of the parties involved with the transport is found in contract, Statute or Treaty. Who can bring the claim and who is liable for the damage or loss? In the Netherlands a new Code for transport was introduced in 1991 (Book 8 of the Dutch Civil Code). Treaty law has made a significant contribution in this respect.

There is a difference between forwarding and transport, but these terms are often used interchangeably. However, a clear distinction is necessary for the liability issue.

Many documents are used in transport, e.g. bills of lading, CMR Waybills, Air Waybills, and various forms are in circulation.

In addition there are all kinds of transport contracts, in addition to or other than those laid down in a bill of lading or similar transport document. For example, Contracts of Affreightment and Charterparties. Can the various documents be reconciled? Which contract has precedence? Are there mandatory law provisions that override contractual provisions?

The time periods involved are short and have to be safeguarded in a variety of ways.

Furthermore, the question must always be asked which law applies and which court has jurisdiction to adjudicate a dispute.
The Netherlands is a country in which it is fairly easy to obtain security for a claim by means of attachment.

Transport law is one of the most fascinating subjects of the law, an area that is in perpetual motion.