The limit of liability ("limit of indemnity") of the inland carrier in article 61.3 of the Law on the contract of carriage of goods by land

Abstract

The limitation of the carrier's liability is an issue that enjoys tradition in the field of national and international transport, not always fully founded. Our recent Law on the Contract of Carriage of Goods by Land has introduced this figure in our national transport, generally following the example of the 1956 Geneva Convention on International Carriage of Goods by Road. With this, uniformity is achieved in this matter, considering that at present the national road transport does not need special institutions compared to the Geneva model. However, the Spanish law introduces a novelty in this liability regime, unknown in practice, which has given rise to some debates on its meaning. A recent ruling of the Supreme Court has analyzed Article 61.3 of the law, establishing the criteria for its interpretation. However, and knowing the timeliness and relevance of the criteria and case law, some of the arguments used in the ruling deserve a critical review. Above all, the sentence deserves a global reflection that fills some of the extremes of the precept omitted by the judicial resolution.