ABSTRACT
Article 41 is of fundamental importance, since in effect it means that it is not possible for parties to either decrease or increase the rights and liabilities of parties under a contract for the international carriage of goods by road which is subject to CMR. Article 41 makes it impossible to avoid the operation of the Convention in any contract which falls within the scope of Article 1. Article 41 also precludes a carrier from relying on forwarding conditions for any ancillary operations which are covered by the Convention, such as selecting an operator to unload goods where delivery is not possible. Article 41(2) specifically provides that any clause giving the carrier the benefit of insurance will be void. This would in any event seem to fall within the general prohibition in Article 41(1) since if the cargo interest assigns his right to the insurance moneys to the carrier, the carrier is in effect relieved of all liability.
