Contract for the carriage of goods by air
The peculiarity of the subject composition of this type of contract is that as a carrier it is operator, ie. a citizen or a legal entity possessing an aircraft on the right of ownership, on a lease or other legal basis, using the aircraft for flight and having the operator's certificate (certificate) of the operator (Clause 3, Article 61 VC). In this case, according to Art. 100 VC and the legislation on licensing of certain types of activities, the operator must have a license to carry out the carriage of goods by air.
A distinctive feature of the contract for the carriage of goods by air is the fact that the parties to this agreement have the right to decide on the time of delivery of the goods themselves. If the agreement on this is not reached, the delivery time shall be established by the rules of carriage (Article 109 VK).
The content of the contract for the carriage of goods by air discloses its definition given in paragraph 2 of Art. 103 VC, which corresponds to the classic definition of the contract of carriage of goods, contained in paragraph 1 of Art. 785 CC. The basic rights and obligations of the carrier and the consignor are approximately the same as the rights and obligations of the parties to the contract of carriage on other modes of transport.
However, air legislation, taking into account the specifics of transportations on this type of transport, establishes an expanded range of grounds for the cancellation of the contract of carriage of goods unilaterally at the initiative of the carrier. Such reasons are:
• violation by the cargo owner, consignor of customs, sanitary and other rules established by law;
• the refusal of the cargo owner, shipper to comply with the requirements imposed on them by aviation regulations;
• presence in the cargo of objects and substances forbidden to air transportation
Consignee can refuse to receive a damaged or damaged cargo if it is determined that the quality of the cargo has changed so much that the possibility of full and/or partial use thereof is excluded with the original appointment (Article 111 VC).
The contract of chartering an aircraft (air charter)
In air transport, along with the usual contract of carriage of cargo, the chartering of an aircraft (air charter) is widely used. The general possibility of concluding such contracts without regard to specific modes of transport is provided for in Art. 787 CC. The peculiarity of the charter (charter) contract is that it is provided for transportation all or part of the capacity of one or multiple vehicles to one or multiple flights.
Under the charter of an aircraft (air charter), one party (the charterer) undertakes to provide to the other party (charterer) for a payment for one or more flights, one or more aircraft or part of an aircraft for the carriage of goods by air (Article 104 VC ).
The contract of an air charter is, as a rule, a consensual contract, as the parties usually conclude an agreement on forthcoming transportation in advance, in connection with which the air charter contract acquires some signs agreement on the organization of cargo transportation (Article 798 GK). Air charter is a contract onerous.
Contract of carriage by sea
According to paragraph 1 of Art. 115 KTM under a contract for the carriage of goods by sea, the carrier undertakes to deliver the goods that the sender has handed over to him or deliver it to the port of destination and give it to the person entitled to receive the goods, and the sender or charterer undertakes to pay a fixed fee (freight) for the carriage of the goods.
The above definition allows you to make two conclusions about this contract. First, it can be both real, and consensual, as indicated by the use of the words passed ; or will transmit & quot ;. Secondly, the words sender or charterer mean that the concept of a contract for the carriage of goods by sea covers two types of contracts: the usual contract of carriage and charter, which differ by its legal nature.
The contract of carriage of goods by sea is subject to the conclusion in writing. The existence and contents of the said contract may be supported by a charter (in this case, the relevant document), a bill of lading or other written evidence (Article 117 MWC).
The charter shall contain the name of the parties, the name of the vessel, the indication of the kind and type of cargo, the freight size, the place of loading of the vessel, and the destination or direction of the vessel. By agreement of the parties, other terms and conditions may be included in the charter. The charter is signed by the carrier and the charterer or their representatives (Article 120 of the MWC).
Bill of Lading performs the following functions:
- evidence of the existence of a contract for the carriage of goods by sea and its contents;
- a receipt certifying the acceptance of the goods by the carrier;
- document of title for cargo, i.e. document, the disposal of which means the disposal of the goods themselves;
- a document, upon presentation of which the consignment is delivered to the recipient.
The relations of the parties under the contract of carriage of goods by sea are regulated not only by certain norms of legislation or by agreement of the parties, but also by trade customs and usages.The development of customary law with respect to the carriage of goods by sea has led to the emergence of the so-called formulary law. The latter is an unofficial codification of common trade customs used in the conclusion of contracts for carriage by sea. The rules corresponding to customs are fixed in the form of standard designations such as FOB, FAS, CIF, CAF. These designations are derived from a combination of the initial letters of English words that are used in such cases.