The transport of goods by road entails liabilities that must be covered by liability insurance, which are included in the Land Transport Law (LOTT) and are only applicable exclusively to land transport. Thanks to the LOTT, the LCTTM came into force, which regulates contracts for the transport of goods and aims to update the legal regime of the contract of carriage of goods.
The LCTTM defines a contract between two companies and by means of a contract of land transportation establishes a shipper to carry out a transfer of goods in exchange for a price from one place to another and make them available to a designated place or person, which in this case is the consignee.
Types of contract according to the LCTTM
According to the LCTTM, this type of contract regulates the obligations of each party when the goods are being transported, including temporary stays, i.e. storage, until they reach their final destination.
If it were a permanent storage contract, it would also be included, but it would not be part of an intermediate point of transportation, i.e., that is the final chain of the product since it remains permanently in a warehouse.
According to LCTTM, who are the parties to a contract of carriage and what are the formal elements?
The shipper is the first to intervene in the process and he would be the person contracting the transport or the legal person in its own name contracting such transport. The goods are delivered to the shipper, who is the person other than the shipper and who receives the goods. The carrier is the transport company or self-employed person who transports the goods. He is responsible to the shipper and assumes the responsibilities established by law.
If the carrier were not the actual carrier, it would automatically become the shipper and the carrier the actual carrier, assuming its responsibilities and obligations deriving from the carriage of the goods. And finally, we have the consignee, who is the person who receives the goods without being a party to the contract of carriage and becomes the holder of the rights and obligations if at the time indicated, the goods have not been delivered at destination.
How is a contract formalized under the LCTTM?
The law establishes that the following must be issued waybill If one of the parties refuses to formalize the agreement, it is understood that the agreement is withdrawn and that it is exposed to the consequences of indemnification that apply in the LCTTM. The waybill or CMR is the one that applies the transport and indicates, once signed by both parties, the receipt of the goods and the contents of the transport.
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Técnica Superior en Diseño y Edición de Publicaciones Impresas y Multimedia - Artes Gráficas por IES Virgen de la Paloma. Gestor de tráfico en Transvolando.