Abstract
Delivery time means a certain period in which the carrier is obliged to transport the consignment from one place to another. The delay occurs when the carrier does not deliver the consignment to the consignee within this period. The authors analyse individual legislative documents regulating the transport - legal conditions of international transport. In addition, they present the reasons for the delay in delivery of the consignment and point to the carrier's liability for non-fulfilment of the obligation to transport the consignment within the delivery period. By comparing the results, authors state that there is a diversity of regulations in the field of international transport, especially in the context of the multimodality development. Such a diversity in regulations causes inconsistencies in the transport market and therefore there is a need to harmonize unimodal transport systems.
Highlights
A delay in delivery of a consignment is related to a question of a delivery time
A time lag/delay happens when the carrier does not deliver the consignment to its recipient within this time segment, provided there are no obstacles to the delivery, which would release the carrier from liability for failure to meet the commitment to carry the consignment within the delivery time
The CMR (Convention Marchandise Routiere) - Convention on the Contract for the International Carriage of Goods by Road [20], in its Article 19 defines the delivery time as a time negotiated by parties; if it is not negotiated, it is the time, which can be expected from a diligent carrier
Summary
A delay in delivery of a consignment is related to a question of a delivery time. The delivery time means a certain time segment when a carrier is obliged to conduct a carriage and its related operations, i.e. to carry a consignment from one certain place (of shipment) to another certain place (of delivery, or destination). The reasons for a delay in delivery of the consignment may be both factual and legal. The factual reasons for a delay in delivery may lie in the impossibility to load or unload the consignment due to unsound technological transhipment equipment, a destruction of the consignment due to a breakdown, a theft of the consignment, a fire of a transport means, a freight explosion, etc. The following parts of the paper will deal with issues of a delay in delivery of a consignment and claims resulting from delay in delivery or non-observing the delivery time in individual (unimodal) transport systems [1]
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