The Carrier’s liability was one of the fundamental issues that creators were dealing with during the preparation of CMR Convention. The carrier is liable for damage arising in special time frame. The time frame of carrier’s liability represents the period from takingover the cargo at receiving point to the delivery of the cargo at its destination. According to the provisions of CMR Convention carrier is liable for any loss or damage which happens in that specific time frame and also for damage which occure, because of delay in delivery. The plaintif must prove the existence of the damage. The carrier can also relieve himself of liability. He must prove the existence of circumstances according to Article 17(2) of CMR Convention or existence of special risks under Article 17(4) of CMR Convention. Exclusion of carrier’s liability is by no means possible if damage was caused by his wilful misconduct of by such default as, in accordance with the law of the court, is considered as equivalent to wilful misconduct. The carrier who is found responsible for the occurance of damage is obliged to pay compensation. Transport law is special legal branch so we can not apply the general rules of the law of obligations. CMR Convention contains special provisions that limit the amount of carrier’s liability. The height of the limit depends on form of damage (loss, damage, delay in delivery). Review of case law shows that the application of provisions of CMR Convention is still not unified especially, because the courts have too much room for maneuver in making decisions.
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