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Dr Paulina Woś
ORCID: 0000-0002-8578-382X

PhD in law, assistant professor at the Department of Civil Procedure at the Faculty of Law, Canon Law and Administration of the John Paul II Catholic University of Lublin; legal counsel with several years of practice; author in the field of civil proceedings and publications from business insurance law.

 
DOI: 10.33226/0137-5490.2023.2.6
JEL: K12, K15, K22, K39

The subject of this comment is the decision of the Supreme Court – Order of the Supreme Court – Civil Chamber dated 16 January 2020 (file ref.: I CSK 618/19), in which the Supreme Court expressed its unequivocal opinion on the interpretation of art. 48 of the 15 November 1984 Transport law, which refers to the activity of inspecting the consignment, indicating that the provision of art. 48 of the Transport law does not apply to situations where the carrier's interference is other than the opening of the consignment. In the opinion of the Supreme Court, the indicated provision applies only to such statements as the value or content of the consignment, or items allowed for transport in special conditions, as a result of which it does not apply to verification of the dimensions or weight of the consignment. The purpose of this publication is to analyze the Supreme Court's decision and demonstrate that in light of applicable law, the Supreme Court's position is correct and deserves approval.

Keywords: transport law; consignment verification; content; weight; dimensions