Transportation Law

What is meaning of transportation in law?

Transport law (or transportation law) is the area of law

dealing with transport. The laws can apply very broadly at a
transport system level or more narrowly to transport things or
activities within that system such as vehicles, things and
behaviours.
Governing Laws

1.) New Civil Code (Articles 1732 – 1766 NCC)

2.) Warsaw Convention (International Treaty)
3.) Code of Commerce (Special Law)
4.) Carriage of Goods by Sea Act (International Treaty)
5.) Salvage Law (Special Law PD 601)
6.) Public Service Act (Special Law CA 146)
7.) Article XII, Sec 11 on Operation of a Public Utility
(Constitution)
Concepts

Contract of Carriage or Transportation

There is a contract of transportation when a person

obligates himself to transport persons or property from
one place to another for a consideration.
Concepts

Classifications of a Contract of Carriage

a.) Common or Private

b.) Goods or Persons
c.) For hire or For Gratuity
d.) Over land, water, and air
e.) Domestic or International
Concepts

Parties to a contract of Transportation

a.) Carriage of Passengers i. Carrier Persons, Corporations, Associations, Firms, engaged in the business of
carrying or transporting passengers, goods, or both by land, water, or air for compensation, offering their services
to the public.,

Passenger “One who travels in a public conveyance by virtue of contract, express, or implied, with the
carrier as to the payment of fare or that which is accepted as an equivalent thereof”.

b.) Carriage of Goods

i. Shipper Any person, partnership or corporation who delivers goods to the carrier for transportation and
pays the consideration or on whose behalf payment is made
ii. Carrier
iii. Consignee
Concepts

Perfection of Contract of Transportation

a.) Contract to Carry An agreement to carry the passenger at some

future date.
b.) Contract of Carriage Considered a real contract for not until the
facilities of the common carrier are actually used can the carrier be
said to have already assumed the obligation of the carrier.