KWALIFIKACJA PRAWNA UMÓW ZAWIERANYCH W TRANSPORCIE SAMOCHODOWYM

The article discusses the issue of qualification of contracts concluded in road transport on the basis of crisply formulated orders as a contract of carriage or a forwarding contrac t. The author points to the need for interpretation of declarations of intent of the contracting parties in accordance with the provision of art. 65 of the Civil Code. The author accepts a presumption of fact that the intention of the parties was to conclude a contract of carriage. However a prior analysis and evaluation of a number of circumstances relevant to the assessment of the actual intention of the contracting parties has to be done. The author points out that under the Polish law, the application of all-in fee does not prejudge the qualification of the contract, as it does in some other countries.