Prawo MTO do redakcji : czy niezlokalizowana strata jest rzeczywiście przeszkodą nie do pokonania?

Bibliogr. s. 114-118

This article will examine whether the current legal framework for the international carriage of goods allows the multimodal transport operator (MTO) to exercise his right for redress in cases involving an unlocalized loss. The article will also provide solutions for a problem the MTO might encounter when exercising his recourse action. By the use of the descriptive method, legal aspects of the MTO's right for redress will be examined in Section 2 with focus on usual contractual relationships involved in the multimodal carriage of goods, the multimodal as well as the unimodal legal framework, systems for liability determination and the recourse action. In Section 3, through the descriptive method, the term unlocalized loss and reasons for it to arise will be examined and through the comparative method the multimodal as well as the unimodal legal framework will be analysed in order to find out whether the current legal framework for the international carriage of goods takes into account the MTO's right for redress in cases involving an unlocalized loss. By the use of combination of the descriptive and the normative method in Section 4, solutions to the problem identified in Section 3, that the MTO might encounter when initiating his recourse action, will be provided. The Section 3 will reveal that the MTO will encounter the problem of identifying the actually responsible performing carrier in cases involving an unlocalized loss and therefore his recourse action will not be possible under the unimodal legal framework even though that the multimodal legal framework will provide for determination of his liability also in cases involving an unlocalized loss. Section 4 will provide two solutions to the problem - the new recourse system for the multimodal carriage of goods based on the concept of the successive carriage under the CMR Convention and localization of a loss by the use of the Internet of Things (IoT).