Transport

  • container vans
  • The liability of the freight forwarder: scope and limits

    By Yasmine EDDAM
    1 May 2025
    The freight forwarder's position in the logistics chain gives rise to a specific liability regime. This system conditions the rights and obligations of the parties. The freight forwarder's personal liability The freight forwarder incurs personal liability in various situations relating to his duties. Basis and principle of liability Articles L. 132-4 and L. 132-5 of the French Commercial Code establish the commissionaire's personal liability. He is "guarantor" of the arrival of the goods within the time limit set, and of any damage or loss. This liability is based on a presumption. The commission agent is bound by an obligation of result. He must ensure that the goods arrive in good condition and on time. Case law confirms this position, which is repeated in article 5.1 of the standard contract. The freight forwarder is presumed to be liable as soon as any damage is detected. The principal does not have to prove fault. The mere existence of damage is sufficient. This liability applies to damage caused...
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