Contract for the international carriage of goods. Relying on its conclusion by electronic means communication. Requirements. Proof of the contract of carriage

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

According to art. 4 of CMR the proof of the contract of carriage is made by the consignment note. The meaning of this legal provision is that according to which the proof of the contract for the international carriage of goods may be made, in principle, only by submitting the consignment note. Of course, the possibility to make proof of the existence of the contract of carriage by producing other evidence, however, in the absence of the consignment note, the beneficiary of the carriage will not be able to rely on certain rights conferred by the CMR, such as, for example, the special right to compensation provided for 
under art. 26 of the CMR. If the CMR does not govern the manner of conclusion of the contract of carriage, by electronic means, the Court considers that the provisions of the Romanian law are applicable.