The responsibility of the transport operator in the case of theft of goods

Theft of goods in transit and its effects on the carrier’s liability still occupies an important place in the courtroom. The stakes are high: either the carrier is exonerated from liability because the theft is seen as a case of force majeure, if this is not the case, it will analyse the behaviour of the carrier to know it may oppose spending ceilings.

Since the law of 8 December 2009, called the ORTF law, gross negligence of Article L. 133-8 of the Commercial Code that involves awareness of the probability of harm and reckless acceptance, unnecessarily replaced the misconduct that the law defined as a case of extreme gravity, behaviour bordering on fraud and indicating the inability of the debtor to fulfil the service contract that he accepted.

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