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 consignor has given him or the sender to the port of destination and give it to the person entitled to receive the goods, and the consignor or the 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 the goods, i.e. document, the disposal of which means the disposal of the goods themselves;
• the document, upon presentation of which the consignment is delivered to the recipient.
The relations of the parties under the contract for the 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 these 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.
Contract for carriage of goods by inland waterway
This type of contract is characterized by the same general features that are inherent in the contract of carriage on other modes of transport. The content of the contract, rights and obligations of the parties are regulated by the KVVT. The conclusion of this agreement is confirmed by the bills of lading and the road bills and receipt for cargo receipt for carriage. Parties to the contract of carriage of goods may provide for the use of a bill of lading as a transport document issued by the carrier (clause 2 of Article 67 of the KVVT).
A consignment note accompanies the goods all the way, and the carrier is obliged to issue it along with the cargo to the consignee at the port (at the berth) of the destination. The road list follows along with the cargo and after the delivery of the goods at the destination remains with the carrier.
According to paragraph 4 of Art. 67 КВВТ the contract of transportation of cargo on internal waterways can be concluded with a condition of granting for transportation of cargo of all vessel or a part of it ( the charter contract ).
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