Civil and Commercial Law for Road Transport Operators
Core concepts
A Belgian road transport operator must master contract law, liability regimes and the special rules of the transport contract. Understand formation of the contract of carriage (offer, acceptance, consideration, capacity), the difference between a contract of result and a contract of means, and the burden of proof when goods are damaged or delayed. Know the CMR Convention for international carriage (liability of the carrier, limits of compensation, exceptions, time bars) and the Belgian implementation of the CMR in national law. Distinguish contractual liability from extra-contractual liability, know the rules on force majeure, and understand the statute of limitations (one year for most transport claims under CMR).
Commercial law essentials
Understand the status of the merchant, commercial obligations, invoices, payment terms, late-payment interest, retention of title, and insolvency basics. Know the rules on subcontracting and the liability of successive carriers.
Traps
Questions often confuse CMR with national law, or mix the limit of liability in CMR (per kilogram) with the higher limit for declared value. Watch for questions where the carrier is exempted because the damage was caused by the inherent vice of the goods or by the fault of the consignor. Time bars are a classic trap: a claim must be brought within one year, extended to three years in cases of wilful misconduct.
Worked rule of thumb
When goods are damaged in international carriage, first ask: is CMR applicable? If yes, compensation is capped per kilogram of gross weight; the claimant must prove the damage, the amount, and that the damage occurred between taking over and delivery. If the carrier cannot rebut the presumption, liability stands.