The Contract of Transportation According to Kosovo Legislation

• Author: Majlinda Belegu
• Profession: AAB College, Prishtina, Kosovo
• Pages: 25-34

The Contract of Transportation According to Kosovo Legislation

Assistant professor Majlinda BELEGU

1

Abstract

The contract of transport is a contract based on which the transport of persons

or goods is done from a place to the other place. This contract is one of the most important

contracts in economy and the field of law of a country. By transport two main functions

are realized: a) displacement of working objects for producing a new product and b)

displacement of finished from a field of production to the field of circulation. By this paper

the conditions for concluding of this contract subjects of this contract, its characteristics,

types of transport as well as the ways of termination of this contract, will be explained.

The methods of systemic and comparison analysis will be used. Efforts will be made for

analysis, comparison and interpretation of norms of transport generally as well as the

transport of goods, specifically. Transport of passengers is not included. Relations be-

tween contracting parts are not regulated only with the Law on Obligation Relations and

they are also regulated with the other specific laws depending on the type of the transport.

In the contract of transport, the obligation of transporter is an obligation whose objective

is ach ievement of determined result what he concretely is o bliged to send to persons,

undamaged or goods, passenger o r the sender of goods. If the contract of transport is

concluded, then are other transports different. Here there appear various types of con-

tracting relations. With the transport of pa ssengers in one side there is the subject that

organizes journey (touristic agency) and the passenger, whereas with the contract of th e

transport of goods as parties could appear seller of goods and transporter or the creator

of the item and the transporter.

Keywords: law, contract, transport, passenger, item, goods.

JEL Classification: K12, K22

1. Introduction

Transport of goods and passengers from a place to the other in the mod-

ern times is very frequent. Paper interprets the ways based on which transport is

done according to the Kosovo legislation comparing this with the countries of the

region. Within the paper the report between transporters and replacement of ob-

jects from a place to the other are described. Conditions of concluding this con-

tract are key elements so it could be valuable contract. If the contract is considered

to have been concluded, then the obligation of transport is fulfilled if goods dur-

ing the transport were damaged without the fault of transporter.

The paper during the analysis and during the comparison of legal norms

1

Majlinda Belegu - AAB College, Prishtina, Kosovo, majlinda.belegu@universitetiaab.com.