Thesis 20

Scope of Liabilities of the Carriers to Shipper in Multimodal Transportation Under Thai Law

by Mr. Pad Thaneswongsakul  (1993) ;Master degree thesis. *(The Full Text view in Thai Language only)*.

ABSTRACT

    This research has the objective to study scope of liabilities of the carriers to shipper in multimodal transportation under thai law, including consideration of liabilities of umltimodal transport operator to shipper, liabilities of subcarriers to shipper and liabilities among carriers.

    The findings derive the scope of liabilities of the carriers to shipper under multimodal transport contract is governed by the Carriage of Goods by Sea Act, B.E. 2534, for the part of sea transportation. The said Act does not apply to liabilities of carriers incurred before and after the sea transportation. Problems then arise as to which rule should govern liabilities incurred during such interval. To apply principles of the CCC on the Carriage of Goods to such problems shall result in differentiation and discrimination of the scope of liabilities of carriers to shipper as liabilities of carriers under the Carriage of Goods under the CCC are absolute liabilities whilst the same under the said Act are presumption of responsibilities. Moreover, it also causee every carrier to become liable to shipper as joint debtors. Recourse to action among carriers then shall have to be considered under the concept of joint debtors, since it is deemed that each carrier shall be equally liable unless otherwise provided. If this principle is applicable, an innocent carrier may incur liabilities. This thesis therefore proposes the following solutions :

  1. that the multimodal transport contract should be excluded from the contract statute under Book III of the CCC, and the principle of the "Autonomy of the Will" should be strictly applied by considering liabilities of carriers to shipper according to the agreements in the multimodal transport contract;
  2. the Act should be amended to incorporate provisions applying to multimodal transportation and expressly stipulate the liabilities of carriers to shipper;
  3. there should be laws governing international transportation by air and land, under which the liabilities of carriers to shipper under the multimodal transport contract should be expressly and correspondingly described as to each mode.

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