Article 38 CMR, which envisages to protect cargo interests and the carrier seeking recovery, against the bankruptcy of another carrier while stipulating that, if one of the successive carriers is insolvent, the share of the compensation due by him shall be divided among all other successive carriers, does not protect the contractual non-successive carrier, who did not pay any compensation to cargo interests, against the intent of its sub-contractors who are successive carriers.
展开▼
