In a judgment (number 590/2017) dated 7th November 2017, the Spanish Supreme Court has had the opportunity to clarify conflicting case law from different Courts of Appeals regarding the requirements for the validity of insurance clauses that exclude coverage in cargo theft matters when there has been a failure to keep a proper supervision of the truck or container during transportation.
In May 2014, the Directive 2014/47/EU of the European Parliament and the Council, of April 3rd 2014, on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the EU came into force. This Directive updates the regulation of the technical roadside inspections by establishing the minimal requirements for all Member States, in order to improve road safety conditions. The contents of the aforementioned Directive have been incorporated into the Spanish legislation the recently enacted by Royal Decree nº 563/2017 of June 2nd
Article 1911 of the Spanish Civil Code establishes the general principle that debtors will be held accountable for their liabilities with all their present and future assets. Limitation of liability is an exceptional figure under Spanish law. For this reason, Spanish Courts are always reluctant to accept the limitation of liability principles established in international conventions in matters of transport and seek a way to avoid such limitation of liability. Read more
Although unwanted, it is an every-day fact to receive news from carriers who suffered theft or robbery while having the truck fully loaded with goods and in transit according to the agreed contract of carriage. In fact, there are geographical areas which are particularly problematic in this regard on both levels, national and international. The liability system for road carriers is the same in international carriage (CMR Convention, arts. 17-29) as in national carriage in Spain (Law 15/2009 from 9th of November – LCT, arts. 46-63). The carrier is not only accountable for damages or late delivery of the entrusted cargo but also for losses caused by a robbery or any other reason. Read more
Among the different analyzed factors, a key element is to choose an adequate and safe resting area. And this is because the rest time during the carriage implies leaving the truck and the cargo unattended directly by the carrier. Consequently, the insurance companies and jurisprudence analyze the following basic points in order to determine whether the effective carrier took the necessary measures to prevent and avert any theft or robbery, taking into consideration the chosen resting area: Read more
On June 2, 2016, the Andalusian Council of Chambers of Commerce held the ‘Forum for the development of logistic infrastructure, growth and employment in Andalusia’ in Antequera (Malaga/Spain). The main companies of the Andalusian transport sector and our colleagues of AIYON ABOGADOS SLP, Enrique Ortiz and Jose Dominguez, experts in the areas of Shipping Law, Transport Law, International Trade Law and Insurance Law, attended the event.
By agreement of its Board of Directors dated 21 January 2016, the Legal Bar Association of Madrid constitutes a new Section dedicated to Shipping and Transport law.
The purpose of this Section is to assist all the sectors that are related to maritime and combined transportation, supporting the education of the professionals that act in these areas. This Section also aims to contribute to the dissemination of Shipping and Transport law and to reinforce the links with the courts as well as exploring the possibility of setting up a specialized arbitration body. Finally, it is another objective of the Section to be present in the making of the laws that affect the sector.
Aiyon Abogados has joined this Section and we hope it will accomplish its mission.