CIVIL-LEGAL LIABILITY OF A CARRIER IN TRANSPORTATION PROCESS

Abstract

Objective: determining the features of civil-legal liability of a carrier as a subject of trading turnover. Methods: comparative-legal methods and systemic interpretation method. Results: The work reveals the causes of establishing the limited liability of a carrier in transportation process. The correlation of the carrier’s civil-legal liability with that of other subjects of transportation process is shown. Scientific novelty: It is revealed that the distinctive feature of civil-legal liability application in transportation relations is the limitation of carrier’s liability, i.e. establishing the conditions of liability application – establishing liability basing on the guilt not kin to the traditional trading turnover, limiting the size of the levied sums to the actual harm. It is explained by the special conditions of transportation process and the factors which cannot be under carrier’s control (weather conditions, road conditions, accidents, etc.). Practical value: The revealed causes of the carrier’s limited civil-legal liability allow to broaden these provisions to other sectors of trading turnover having the complex risk character.