In accordance with paragraph 1 of Art. 801 CC under the contract of transport expedition one party (the freight forwarder) undertakes to fulfill or organize the performance of the services specified by the contract related to the transportation of the goods for the fee and at the expense of the other party (the shipper or consignee client).
The contract of transport expedition is a public contract, as it is about expeditionary services rendered by professional commercial forwarding agencies, agencies, other business structures, obliged by the nature of their activities to fulfill the requirements Art. 426 GK.
The contract of transport expedition is a type of contract whose purpose is to facilitate the implementation of the basic transport contract - of the contract of carriage of the goods. This agreement is aimed at providing additional services to the client transport.
The contract of transport expedition can be both consensual and real. In cases where the freight forwarder provides only organizationally services to the customer, the expedition contract is consensual. When the freight forwarder is granted the right to conclude a contract of carriage on his own behalf and independently hand over the goods for transportation, the expedition contract is real. As can be seen from the contents of Art. 801 CC, the contract of transport expedition refers to onerous and bilateral contracts.
Parties in the contract of transport expedition are the freight forwarder and the client. The Forwarder is performed by a specialized forwarding agency, agency, other commercial organization that provides similar services. Currently, the provision of forwarding services directly by carriers has become widespread, which does not contradict the law (paragraph 2 of Article 801 of the Civil Code). As an client can be any subject of civil law, because the law does not provide any restrictions on this account.
The object of the contract of transport expedition is the rendering of forwarding services, which are divided into legal services and actual services.
Under the contract of transport expedition, the following legal services can be provided:
• conclusion on behalf of the client or on his behalf the contract (contract) for the carriage of goods;
• getting the documents required for export or import;
• the performance of customs and other formalities;
• payment of duties, fees and other costs incurred by the client;
• Receipt of cargo at the destination, etc.
The freight forwarders are also the following actual services:
• ensuring the sending and receiving of goods;
• checking the quantity and condition of cargo intended for transportation;
• manufacture of loading and unloading operations;
• Cargo storage;
• Informing the consignee of the cargo that has arrived at his address, etc.
If the contract does not imply that the freight forwarder must fulfill his obligations personally, he is entitled, in accordance with Art. 805 Civil Code to involve others in their execution.
The main right of the freight forwarder is the right to receive remuneration for the services rendered to him. The duties of the freight forwarder are determined in the contract in accordance with Art. 801 GK.
The client's rights arising prior to the commencement of transportation include the choice of the mode of transport on which the cargo will be transported and the definition of the route of transportation.
The duties of the client are to provide the forwarder with documents and other information about the properties of the cargo, the conditions of its transportation, as well as other information necessary for the fulfillment of its duties by the freight forwarder and in the payment of the remuneration provided for by the contract for the forwarding services rendered. The contract may establish other obligations of the client.
The peculiarity of the contract of transport expedition as a version of the service contract is the fact that each of the parties has the right to refuse to perform the contract, notifying the other party within a reasonable time. In the case of unilateral refusal to perform the contract, the party that announced the refusal shall compensate the other party for losses caused by the termination of the contract.
More specifically, the relations arising from the contract of the transport expedition are currently regulated by Federal Law No. 87-FZ of June 30, 2003, "On Forwarding Activities."
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