Conclusion of the Contract for Multimodal Transport of Goods, in View of the New Legislation in Kosovo

Abstract

This paper will address the general issues concerning the contract of multimodal transport, such as the notion, meaning, terminology, presentation and development, then the elements of the contract, contract forms, and the manner of concluding the contract.The legal definition of multimodal transport contract is given in the United Nations Convention for International Multimodal Transport of Goods, Article 1, and paragraph 3. This convention defines the contract for multimodal transport as follows: "The contract for multimodal transport is a contract whereby the multimodal transport operator undertakes, against payment of freight, to perform or to procure the performance of international multimodal transport.For the realization of multimodal transport activity, the participating parties will clearly define their rights and obligations with the contract that they will conclude, for the multimodal transport of goods.The contract for multimodal transport of goods is a special category regulated by the provisions of the above-mentioned Convention, but in certain cases the provisions of national laws, which regulate legal relations between the operator of multimodal transport (MTO) and third parties that he has engaged in the transport process, are applied.Law on Obligational Relationships as lex generalis does not contain special provisions that regulate the multimodal transport contract, but the provisions of this law, regulating the contracts in general and the freight contracts in particular, apply to this contract.