Interdependencia del contrato de transporte terrestre de mercaderías y el contrato de seguro terrestre. Análisis a las limitaciones legales de responsabilidad del transportador y su coherencia en la normativa del seguro de transporte de mercaderías.

Abstract

Within the commercial activity it is common that contracts that do not coincide in their cause and object have an interdependence relationship that requires that the legislation be consistent with the regulated exemptions of liability of a contractual party and the powers granted under the principle of contractual autonomy. In the regulation of accessory contracts, for the case of analysis, those exemptions provided in the current Commercial Code for the transporter must be consistent throughout the commercial statute, including those contracts that are accessories. Through the present study, these two contractual types will be deepened, especially the ones that regulate the limitation of liability of the transporter in order to identify whether they are consistent with the other rules that regulate the insurance of land transport of goods , under the optics of principles in private law, such as the autonomy of the will and the compensatory principle that governs damage insurance.