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)*.
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 :
- 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
- the Act should be amended to incorporate
provisions applying to multimodal transportation and expressly stipulate the liabilities
of carriers to shipper;
- 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.