Operaciones de carga y descargaformalismo tuitivo en el contrato de transporte terrestre de mercancías

Abstract

In the reform operated by Royal Decree-law 3/2022 in relation to the assumption of the execution of the load and download operations, there is an underlying concern about asymmetric contractual relationships between shippers and carriers, more conducive to abuse than to agreement. The regulatory measure provided for against this threat contemplates the assumption by the carrier of the duty to carry out the load and download operations as a result of an agreement with the shipper that is set forth in writing. The analysis of the content, meaning, scope and incidence of this new regime of a protective nature, whose normative axis is the formalism, constitutes the object of this study.