Notes
Both in international and domestic trade, the sale of goods is commonly associated with the transport of goods from the seller to the buyer. The carrier enters the legal relationship arising from the contract of sale and enables the performance of the contract of sale on grounds of a concluded contract of carriage. With the involvement of the carrier, who enters the relationship for purposes of performing the contract of sale, rights and obligations of the seller and buyer arising from the contract of sale are joined by rights and obligations of all parties to the contract of carriage which arise from the latter. If goods delivered by the carrier are damaged, not delivered in proper quantity or not delivered at all due to loss during transit, the question arises who is liable for such damage or loss, what remedies are available against the person liable and at what terms can the remedies be exercised. Even though, in legal terms, the contract of sale of goods and the contract of carriage of the same goods are two separate contracts and independent from one another, the rights and obligations of their parties arising from these contracts form a complex set of interconnected relations. With regard to the parties to both contracts, it is of material importance that their rights and obligations, their liability for breach of contract, the remedies for breach of contract and the conditions at which these remedies can be exercised are thoroughly researched not only in contract-specific terms, but by adopting a holistic approach, taking into account the complexity of relations, and by clearly defining these relations and their legal consequences. The thesis focuses on relations between the seller, the carrier and the buyer with regard to their position in the contract of sale and contract of carriage of goods by road under the rules of Slovene (OZ, ZPPCP-1) and international commercial contract law (CISG, CMR). The opening part of the analysis deals with those elements of each type of contract which are crucial for further research of the interaction between relations arising from sale and carriage, presented in the final part of the thesis. With regard to the contract of sale, the main focus is on questions related to the seller's obligation to deliver and the buyer's obligation to take delivery, passing of the risk, obligations regarding the seller's duty to arrange for carriage of goods to the buyer, and the conditions under which the buyer may exercise his rights in the event of seller's breach of contract. With regard to the contract of carriage, the thesis focuses on questions related to the definition of parties to the contract of carriage, the role of the consignment note, the takeover of goods for carriage, the obligations of the carrier related to the performance of the carriage, the right to dispose of the goods during carriage, the delivery of goods to the buyer, and the questions regarding the carrier's liability and conditions under which claim or action against the carrier can be brought. Conclusions taken in the chapters on the contract of sale and contract of carriage are applied to research the role of parties of one contract in the relationship arising from the second contract and vice versa, which is presented in the synthesis chapter. The thesis provides a detailed analysis of relations arising from the liability for the damage to or loss of goods, and the conditions under which claim on grounds of damage of or loss to goods incurred during transit from the seller to the buyer can be brought against the liable party.