Europa Regionum

The aim of the article is to present the regulations concerning the impossibility of performance of the road carriage, both on the grounds of domestic law and CMR Convention, as well as to submit their comparison with the provisions of other similar acts. The author conducts the analysis of the applicable provisions of law and presents the emerging practical problems, stating his own views on these issues. It has been also noted in the article that the domestic provisions are much more narrow and less elastic than the provisions of international regulations. The author presents the opinion that the inadequacies of the domestic regulations regard to the following matters: granting the right of giving instructions only to the sender, lack of possibility of making independent decisions by the carrier in a state of emergency, narrow scope of claims of the carrier and the discrepancy between making this claims dependent on the fault of the carrier and the general rule of his liability based on the principle of risk.