Transport and Forwarding Agreements
Agreement on the organization of transport of goods
According to Art. 798 Civil Code, the carrier and the cargo owner may conclude long-term contracts on the organization of transportation if necessary to carry out systematic cargo transportation Under this agreement, the carrier undertakes to accept in due time, and the cargo owner - in the stipulated volume. In the specified agreement volumes, terms of granting of vehicles and submission of cargoes for transportation, the order of calculations, and also other conditions of the organization of transportation are defined (paragraph 2 of item 798 GK).
Agreements on the organization of transportation are, as a rule, in the presence of stable economic ties between this mode of transport and the given cargo owner. Contracts of this kind have continuing character, they are concluded for the coming quarter, the coming year. By their legal nature, these contracts have the characteristics of preliminary contract (Article 429 CC), since the conclusion of the contract on the organization of transport does not exempt, but, on the contrary, requires the conclusion in each specific case of the contract of carriage of the goods. Contracts for the organization of transport of goods refer to consensual civil contracts that determine not the terms of goods turnover of the parties, but the organization of their relationship for the future.
According to Art. 791 GK the carrier is obliged to file vehicles for loading in time, established by the contract on the organization of transportations. Accordingly, failure to perform this duty shall entail property liability provided for in Art. 794 GK.
The carrier for non-delivery of vehicles for the carriage of goods, and the sender for non-presentation of goods or non-use of the vehicles for other reasons are liable under the transport charters and codes, as well as by the parties' agreement (clause 1, article 794 of the Civil Code). As for the agreement of the carrier with the cargo owner to limit or eliminate the liability of the carrier established by law, they are unacceptable and, if they are concluded, are null and void (clause 2 of article 793 of the Civil Code).
Legislation (Article 794 of the Civil Code) identifies certain circumstances that exempt the carrier and the sender of the cargo from liability for failure to fulfill obligations for the supply of vehicles or failure to provide the goods for transportation. These are:
• an irresistible force;
• Other phenomena of a spontaneous nature (fires, drifts, floods)
• military actions;
• the termination or restriction of the carriage of goods in certain directions because of a blockade, epidemic or other circumstances impeding the movement of goods.
Outside of the circumstances specified in the law, the carrier and the shipper can be liable regardless of their guilt.
Contract of carriage
In accordance with paragraph 1 of Art. 785 CC under the contract of carriage of goods the carrier undertakes to deliver the cargo entrusted to him by the consignor to the point of destination and to issue it to the person entitled to receive the goods (the recipient), and the consignor undertakes to pay for the carriage of cargo the established fee.
The law establishes the written form of this contract. This is evidenced by the norm of paragraph 2 of Art. 785 Civil Code, according to which the conclusion of the contract of carriage of cargo is confirmed by the compilation and delivery of a consignment note, bill of lading or other document for cargo, provided for by the corresponding transport charter or code, for example art. 25 UZHT, art. 105 VC. The issuance by the carrier of the document confirming the acceptance of the goods for carriage presupposes delivery of the goods by the sender, therefore such a contract is one of real civil contracts.
The contract of carriage of goods is an urgent agreement, as the term of its validity is determined by the deadline for the fulfillment of the obligation to transport (Article 792 of the Civil Code, Article 33 of the UZhT, Article 109 VK) . This term can be established both in the normative order, and by agreement of the parties.
Contract of carriage of goods - compensated contract. The freight fee for transportation of goods by public transport is determined based on tariffs approved in the manner prescribed by the transport charters and codes . Since a commercial organization acts as a carrier for the transport of goods by public transport and is obliged to transport the goods of any consignor who will apply to it, the contract of carriage of the goods refers to public contracts. At the conclusion of this contract, the consignor fills in the transport document of the established form (transport waybill) and signs it, which gives the contract the connection agreement.
The parties in the contract of carriage of goods are carrier - transport organization (railway, shipping company, air transport operator) and shipper - the legal (title) owner of the goods or the freight forwarder or other person authorized by the owner of the goods. Since by virtue of this agreement each party has both rights and obligations, it must be recognized as a bilateral contract.
The contract of carriage of cargo by its design is a contract in favor of a third person (Article 430 GK), in this connection consignee, is not a party to the contract, enjoys certain rights and has certain responsibilities.
Without participating in the conclusion of the contract, the consignee nevertheless acquires the right of claim to the carrier for the delivery of the goods at the destination (Article 36 of the UZhT, paragraph 2 of Article 103 of the VC). If the carrier fails to fulfill the obligation to deliver the goods to the addressee of the consignee, the latter has the right to file claims against him regarding the loss of the cargo, and, if it fails to fulfill its obligations, the requirements for shortage or damage to the goods (Article 796 of the Civil Code), as well as about the delay in its delivery (item 792 ГК, item 120 УЖТ, item 120 VK). The consignee has the right to present to the carrier and other requirements connected, for example, with the unloading of cargo by means of the carrier, when the unloading under the contract was assigned to him.
In addition to rights, the consignee also has responsibilities. So, upon the arrival of the cargo at the destination, the recipient must take it and take it out of the territory of the station, airport, pier. The recipient is also responsible for the final settlement for the services rendered by the carrier.
One of the essential conditions of the contract of carriage of cargo is considered to be delivery time cargo. According to Art. 792 of the Civil Code the carrier is obliged to deliver the goods to the point of destination within the time limits specified in the procedure provided for by the transport charters and codes, and in the absence of such terms - within a reasonable time.
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