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Title
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The CMR in the practice of Latvian courts
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Author
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Abstract
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| The Convention on the Contract for the International Carriage of Goods by Road (CMR) is one of the most successful unifications of private law. However, as more States ratify the Convention, there are more courts with different legal backgrounds and differing levels of preparedness to face the challenge of applying the CMR. Even for the most advanced adjudicators, the application of the CMR is not always a simple task as there remain ambiguities about its content that divide scholars and practitioners. However, some jurisdictions are much less integrated in these debates, and this has obvious effects on their courts and the way the CMR is applied. The purpose of this article is to familiarize readers with the practice of Latvian courts applying the CMR. The CMR has a rather impressive presence in Latvian jurisprudence in terms of quantity. At the same time, courts apply it in an isolated manner, rarely consulting any doctrinal sources and never drawing inspiration from foreign case law. As a result, some of the solutions offered by Latvian courts seem extremely detached from the 'internationally accepted' understanding of the CMR. In fact, even simple legal questions often receive unexpected and, unfortunately, incorrect solutions. Nevertheless, some of the issues raised in these decisions are genuinely difficult to resolve and, therefore, could be useful for other jurisdictions. |
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Language
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English
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Source (journal)
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Uniform law review / International Institute for the Unification of Private Law [Rome]; Institut international pour l'unification du droit privé [Rome] - Rome, 1996, currens
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Publication
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Rome
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2020
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ISSN
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1124-3694
[print]
2050-9065
[online]
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DOI
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10.1093/ULR/UNAA007
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Volume/pages
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25
:1
(2020)
, p. 168-201
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ISI
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000542085200010
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Full text (Publisher's DOI)
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Full text (publisher's version - intranet only)
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