EFOP-3.6.1-16-2016-00017 EVALUATING THE LIABILITY OF ROAD CARRIERS IN HUNGARIAN LAW WITH RESPECT TO INTERNATIONAL TENDENCIES dr. andrás szegedi ph.d associate professor Internationalization, initiatives to establish a new source of researchers and graduates, and development of knowledge and technological transfer as instruments of intelligent specializations at Szechenyi University

Codification of civil law Hungarian civil law Recodified between 1998-2012. Act V. of 2013 – effective from 15. 03. 2014. Monist character is preserved „Dutch” influence – books Classical code, dealing with the whole field of private law: Man as a Subject at Law; Legal Persons (including corporate law); Family Law; Rights in Rem; Law of Obligations; Law of Succession

Liability for damages in civil law I. The previous Civil Code Uniform rules for the liability for the breach of contract and non-contractual liability The one causing damages either by breach of contract or in non-contractual relations, was to be relieved of liability if he was able to prove that he had acted in a manner that could generally be expected in the given situation. The concept of full compensation

Liability for damages in civil law II. The current Civil Code Two separate legal regimes for liability for damages Liability in non-contractual relations almost remains unamended; the tortfeasor shall be relieved of liability if able to prove that his conduct was not actionable Rules on the liability for the breach of contract are substantially changed. Relieving clause in case of breach of contract: The person who causes damage to the other party by breaching the contract shall be liable for such damage. The said party shall be relieved of liability if able to prove that the damage occurred in consequence of unforeseen circumstances beyond his control, and there had been no reasonable cause to take action for preventing or mitigating the damage

The previous Civil Code Contract of carriage The previous Civil Code Rules of the Civil Code are applicable only for inland matters, with declared subsidiarity. Thorough and complex regulation on the liability of the carrier (liability for default, loss or damage of the consignment, rules on enforcement of liability, limitation of claimable damages, etc.) Similar relieving clause as set forth in the CMR Convention

Relieving Clause in the CMR Convention Contract of carriage Relieving Clause in the CMR Convention Art. 17. (2) of the convention sets forth that the carrier is relieved from liability for damages if the damages are caused by the wrongful act or neglect of the claimant, the inherent vice of the goods and through circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.

Relieving Clause in the previous Civil Code Contract of carriage Relieving Clause in the previous Civil Code The carrier is exempted from liability if the damages were caused by an unavoidable cause outside the scope of the carrier's activity, an inherent property of the cargo, a packaging deficiency that is undetectable from the outside, loading by the consignor or unloading by the consignee, or the fact that the consignor, the consignee, or an attendant ordered by them did not proceed in a manner that can generally be expected in the particular situation, inclusive of those cases in which the consignor did not furnish the required documents or filled them out improperly or did not inform the carrier of the extraordinary value of the cargo, a fact that could not be discerned from the outside.

Contract of carriage The new Civil Code No detailed rules on the carrier’s liability. Less detectable influence of the CMR Convention (eg. loss of consignment) As to the liability for damages in the course of transportation, the rules on liability for the breach of contract apply accordingly. More severe liability of the carrier Minimal possibility for relieving from liability Problematic application

To sum up Academic goal achieved: a new concept regarding liability for damages in contractual relations is created, to be used generally for all contracts a special legal „bed of Procrustes” the uniformization of the relevant rules on liability does not follow from international tendencies The rules remain of default character.

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