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The paramount clause is the particular in the consignment note drawn during the performance of international carriage of goods by road and rail, according to which the carriage is subject to the provisions of applicable convention, notwithstanding any clause to the contrary. Inclusion of the entry is one of the carrier’s obligations, which in practice is not always performed. In the article the author describes the consequences of the lack of such particular and indicates situations in which the carrier may be held liable for the damage caused by this omission. However, the author eventually presents the view that due to the serious evidential difficulties it would be unlikely to obtain damages for the failure to include the paramount clause.

PARAMOUNT CLAUSE IN THE INTERNATIONAL TRANSPORT OF GOODS BY ROAD AND RAIL