What question did this study set out to answer?

The central aim is to understand how liability rules for gratuitous carriers affect insurance contracts and coverage.

April 5, 2026Open Access

Liability of the Gratuitous Carrier and Its Impact on the Insurance Contract

Key Points

The central aim is to understand how liability rules for gratuitous carriers affect insurance contracts and coverage.
Analyzed legal frameworks governing gratuitous carriage
Explored standards of liability and insurance implications
Identified interpretative challenges in liability assessment
Clarified the relationship between liability and insurance coverage
Identified gaps in aligning liability rules with insurance practices
Provided recommendations for better integration of liability and insurance standards

Abstract

The paper analyzes the legal regime governing gratuitous carriage (transport without remuneration) and the resulting standard of liability. It explores how this qualification influences insurance coverage, particularly when assessing fault, exclusions, and the insurer’s right of recourse. The study highlights interpretative difficulties and proposes avenues to better align liability rules with insurance practice.

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