A exoneração de responsabilidade do transportador rodoviário de mercadorias em caso de dano na mercadoria transportada

Abstract

This work research focus on carrier of goods exoneration causes of the carrier in case of damage or deterioration of the transported goods. It try to answer to what extent a fortuitous event can exempt the carrier in case of damage or deterioration of the goods. To answer this question, first, analyzes civil liability is as a source of obligations, then the different types of civil liability and the exemption causes of each one of them. It was found that civil liability is one of the most important sources, after the contract, in the generation of obligations. In civil liability, fault is the rule, with legal exceptions where there may be room for civil liability without fault; these are cases of civil liability by risk and by sacrifice. It seeks to understand the rights and duties of the subjects of the transport relationship. Finally, it analyzes the causes of exoneration of liability of the carrier of goods in case of damage or deterioration of the transported goods, analyzing the possibility of including or not a penalize clause. It analyzes the legal causes of exemption of liability, being the fact attributable to the shipper, nature or defect of the goods or their packaging and fortuitous event or force majeure. In this analysis, it was found that the law treats fortuitous event and force majeure indiscriminately, attributing the same consequence. However, it was concluded that a fortuitous event differs from force majeure. This differentiated treatment allowed us to realize that in risk activities such as the transport of goods, a fortuitous event should not exempt the carrier of goods, because due to the nature of the activity, which is risky, the carrier must bear the losses in line with the doctrine and other legislations that treat the two institutes in a discriminated way, which results in different consequences