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HISTORY IN BRIEF
Unlike on the Rhine, alongside the Danube the riparian countries never
h d a sophisticated
had
hi ti t d system
t
off cooperation.
ti
When the need arose to create a private law framework in the early
1950s, these monopolist
p
companies
p
agreed
g
on the conditions they
y
would use in respect of the river transportation.
Together with the fact that the Danube was a fully separated waterway,
this had an actual effect of this agreement
g
- the Bratislava
Agreements of 1955 - being used as a kind of an international treaty.
DMR Canal
Fall of the
communist
regimes
CMNI
DMR Canal
Fall of the
communist
regimes
The shipping market in the Danube countries became free that is the
state owned shipping companies had been privatized and new
shipping companies have been formed
The Bratislava Agreements gradually lost its perceived role as a
international agreement
g
on the multiplayer
p y markets
CMNI
DMR Canal
Fall of the
communist
regimes
Until the coming into force of CMNI in 2005 the laws of the Danube
countries on inland transportation were still different
The Bratislava Agreements could still played the role of a unified set
of rules as the laws on the contract of carriage were mostly
dispositive, i.e. the parties could freely agree on the application of the
Bratislava Agreements
CMNI changed
g
this fundamentallyy being
g a g
genuine international
treaty
CMNI
SCOPE
APPLICATION
CHOICE OF
LAW
SCOPE
APPLICATION
CHOICE OF
LAW
Within its scope CMNI steps into the place of the local laws
SCOPE
APPLICATION
CHOICE OF
LAW
CMNI
BRATISLAVA AGREEMENTS
(countries with shipping
companies that are members)
Bulgaria
Croatia
Germany
Hungary
Romania
Russian Federation
Slovakia
Czech Republic
France
Luxembourg
Netherlands
Switzerland
Austria
Serbia and Montenegro
Ukraine
9
The Bratislava Agreement may apply only if the CMNI does not
resolve on a certain issue.
The practical result for carriers using Bratislava Agreement as general conditions
Uncertainty for the carrier as to the actual content of its general conditions
10
Bratislava Agreement
1
Liability
CMNI
Exoneration
Special
cases of
exoneration
ti
Limits of
liability
Objection,
enforcement
of claim
11
Liability
Exoneration
Special
cases of
exoneration
Limits of
liability
Objection,
enforcement
of claim
Bratislava Agreement
CMNI
No general rule
12
Liability
Exoneration
Special
cases of
Exoneration
CMNI
Limits of
liability
Objection,
enforcement
of claim
13
Bratislava Agreement
1
Liability
Exoneration
Special
cases of
exoneration
Limits of
liability
Objection,
enforcement
of claim
CMNI
If the
th freight
f i ht documents
d
t indicate
i di t th
the value
l off th
the shipped
hi
d goods,
d th
the carrier's
i ' liliability
bilit shall
h ll b
be
up to that value (or the parties may mutually stipulate a higher amount). If the value is not
indicted, the following rules apply:
limited liabilityy up
p to 666.67 units of
account per package or other
shipping unit, or
14
Bratislava Agreement
CMNI
1 year
1 year
Liability
Exoneration
Special
cases of
exoneration
Limits of
liability
Objection,
enforcement
of claim
15
16