عنوان مقاله [English]
One of the most important issues about carrier responsibility in international carriage of goods by road, is his responsibility for acts and omissions of the servants and agents of the carrier. This matter is considered in Article 3 of the CMR Convention. According to Iran's accession to this Convention in 1997, the study of the base, nature and scope of the liability of carrier for acts and omissions of others in the CMR convention is important. Therefore this article by describing and analyzing the theories on the basis and nature of carrier responsibility for act and omission of others, concludes that this responsibility on the one hand is a no-fault liability that is presumed by the Convention, and on the other hand is a contractual liability. Drawing the thematic and personal scope of this liability is also considered in this article and it is determined according to the legal subordination and the term of “scope of employment” in the Article 3 of the CMR Convention. However, since the cases in which the carrier is exempted from the liability is exclusive and limited, if a case is considered out of the purview of the mentioned thematic and personal scope, it does not result to the elimination of the liability of the carrier. This is, however, subject to the existence of at least one of the cases of exemption from the liability which is mentioned in the Article 17.
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