Legal framework for the use of private wagons in rail traffic

ABSTRACT

This thesis analyses market regulation, contractual relationships and liability of contracting parties related to contracts for the use of goods wagons operated commercially on a continual basis by persons other than rail companies (private wagons). This analysis examines the applicable national, international and supranational legislation; the financing and homologation of railway rolling stock; and the contractual framework governing the use of these wagons for transporting freight by rail. Special attention is paid to the general contract of use for wagons, a contract that, unless otherwise agreed, establishes the content of the future relationship between a railway undertaking and a wagon keeper. The clauses of this contract of use for wagons are analysed to study its legal nature, the obligations of the parties and the liability of each for damage to the wagon or caused by it to the other contracting party or a third party.