THE POSITIVE LAW OF LOGISTICS SERVICE PROVIDER'S (LSP) LIABILITY

TITRE: LE DROIT POSITIF DE LA RESPONSABILITE DU PRESTATAIRE DE SERVICES LOGISTIQUES (PSL)

Ishola Bakari ()
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Ishola Bakari: CDE - Centre de Droit Economique - AMU - Aix Marseille Université

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Abstract: In summary, the study on the positive law of Logistics Service Provider's (LSP) liability has achieved three essential objectives. Firstly, it has provided an account of the nature of the obligations of the LSP, which required a thorough analysis of contractual qualifications. Secondly, the study examined recent jurisprudence to shed light on the LSP's liability in light of new technologies and emphasized the importance of the duty to provide information imposed on the LSP. Lastly, practical considerations were addressed, particularly regarding the contractual clauses governing the LSP's liability and the inappropriate labeling of general terms and conditions of sale (CGV). This study has revealed the crucial significance of the LSP's liability, not only in the contractual sphere but also in the tort sphere. Indeed, enhanced liability contributes to the effectiveness of the system by deterring breaches. The landmark decision of July 10, 2019, by the Commercial Chamber of the Court of Cassation played a decisive role in clarifying the contours of the LSP's liability and emphasizing the duty to provide information. In practice, it is crucial to ensure the proper drafting of contractual clauses governing the LSP's liability. The use of the term "general terms and conditions of logistics services" (CGP) instead of "general terms and conditions of sale" (CGV) is a necessary rectification to reflect the specific nature of the logistics service contract. In conclusion, this study on the positive law of Logistics Service Provider's liability highlights the importance of understanding and applying the specific legal obligations incumbent upon these providers. It provides a solid foundation for a better understanding of the issues and practices related to LSP liability in the logistics field.

Keywords: PSL; Prestataire de services logistiques; Contrat de prestations; logistique; Droit des transport; droit des contrat; droit logistique (search for similar items in EconPapers)
Date: 2023-05-22
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