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LOG3 2022

Tranport law
Lesson 1
Katja Aistrup kaai@zealand.dk
Lesson 1 - Introduction to transport law
• The scope of this term?

• Where were we?

• Question for today’s text?

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Lesson 1 - Sources of law
• Brush up:
• International sources of law:
• One cannot force a sovereign state to follow a given set of rules.
• But sovereign states can commit themselves to follow a given
set of rules.
• These are mutually burdensome agreements.
• They are called conventions, treaties, pacts or agreements.
Lesson 1 - Introduction to transport law
• The parties agreement is central in transport law.

• What did the parties agree on?

• Without an agreement, what apllies?

• What does declaratory means?

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Lesson 1 - Introduction to transport law
• Parties:

Buyer – Seller – Carrier

and

Sender – Carrier(s)/sub-contractor(s) – Reciever

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Lesson 1 - Introduction to transport law
• It is not given, that the buyer is the reciever of the goods, and
the seller is the sender of the goods.

• It’s the parties agreement, that governs who is responsible for


the transport of the goods.

• Why is this important?

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Lesson 1 - Introduction to transport law
• Depending on which form of tranportation that is used, different
tort regulation applies. It is therefore important to know the
different rules regarding the different means of tranportation.

• If there is a cross-border element in the agreement, you have


to examine what rules applies and where there is jurisdiction.

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Lesson 1 - Introduction to transport law
• To solve a tranport law question, you will have to answer:

• Who are the parties?


• Jurisdiction?
• Applicable law?
• What kind of agreement have they entered into?
• What did the parties agree on?

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Lesson 1 - Introduction to transport law
Next lesson:

Jurisdiction
Please prepare
EU-PIL, Chapter 2

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