Commercial law. Contract for the carriage of goods by sea (lecture notes)

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Commercial law. Contract for the carriage of goods by sea (lecture notes)

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LECTURE No. 56. Contract for the carriage of goods by sea

Sea shipping is one of the most common types of transportation. Most of the sea cargo traffic is transported by sea. There are two types of cargo transportation by sea:

1) international shipping;

2) cabotage - transportation of goods and passengers carried out within the same sea, in coastal waters, most often between ports of the same state.

Sea carriage of goods is carried out on the basis of a sea carriage contract. The content of the contract of carriage by sea:

1) the carrier is obliged to deliver the cargo entrusted to him to the port of destination;

2) the carrier of the cargo is obliged to release the cargo to the person authorized to receive the cargo;

3) the sender of the cargo is obliged to pay for this transportation.

The parties to the contract of carriage by sea are:

1) carrier. This is a person who has concluded a contract for the carriage of goods by sea with a consignor or on whose behalf such a contract has been concluded;

2) shipper. A person who has entered into a contract for the carriage of goods by sea, as well as any person who has delivered the goods to the carrier on his own behalf;

3) charterer. This is a person who has concluded a contract for the carriage of goods by sea.

The contract for the carriage of goods by sea is called a charter contract. The fee that the sender is obliged to pay to the carrier of the goods is called "freight". There are the following features of the payment of freight for the carriage of goods by sea (Article 164 of the CTM RF):

1) the amount of freight is established by agreement of the parties;

2) in the absence of an agreement between the parties, the amount of freight is calculated on the basis of the rates applied at the place of loading of the cargo and during the loading of the cargo;

3) in the event that the cargo is loaded onto the ship in a larger quantity than provided for by the contract for the carriage of cargo by sea, the amount of freight increases accordingly;

4) in the event that instead of the cargo provided for by the contract of carriage by sea, another cargo is loaded onto the ship, the amount of freight for the carriage of which is greater than that provided for by the contract of carriage of goods by sea, the freight is paid for the carriage of actually loaded cargo;

5) freight lost during its transportation is not charged, and if it was paid in advance, it is returned;

6) for cargo lost or damaged due to its natural properties or circumstances depending on the consignor, the freight is paid in full.

Charter - an agreement between the owner of the vehicle and the lessee (charterer) on the lease of the vehicle or part of it for a certain period or flight. The charter must meet the following requirements:

1) it must be signed by the carrier and the charterer or their representatives;

2) contain the name of the parties to the agreement;

3) contain the name of the vessel;

4) contain an indication of the type and type of cargo;

5) contain an indication of the amount of the freight;

6) contain the name of the place of cargo loading;

7) contain the name of the destination or direction of the vessel;

8) by agreement of the parties, other conditions and reservations may be included in the charter.

There are basic conditions for the delivery and loading of the vessel:

1) the ship must be delivered in seaworthy condition;

2) it must be delivered strictly to the port specified in the charter or charter;

3) the vessel must be delivered at the time strictly specified in the charter or charter;

4) the cargo must be properly packaged and marked and fully prepared for loading;

5) the ship must be brought to a pier that is equipped with everything necessary for loading and where there are no barriers preventing loading;

6) if the whole ship is chartered, the consignor of the cargo has the right to demand the removal of foreign cargo on the ship;

7) Carrying cargo on deck is possible only with the permission of the shipper.

From the moment of acceptance of the goods for transportation until the moment of its issuance, the carrier is responsible for:

1) ensure the safety of the cargo along the way;

2) ensure the unloading of cargo;

3) ensure the transportation of cargo in accordance with its characteristics.

The term and route for the transportation of cargo are established by agreement of the parties, and in the absence of such an agreement, the cargo must be delivered within the time period that is reasonable to require from the carrier, taking into account the specific circumstances and the usual route.

Dangerous goods are goods that:

1) highly flammable;

2) is an explosive;

3) was handed over under the wrong name, and upon acceptance of the cargo, the carrier could not verify its properties by external examination.

If the vessel is unable to enter the port of destination and unload the cargo as a result of force majeure (war, natural disasters, strikes, etc.), the carrier is obliged to:

1) send an urgent message to the sender about the existence of these circumstances and ask the sender for permission to unload in another port;

2) upon receipt of an appropriate instruction, unload at the port and in the manner indicated by the consignor.

In the absence of such an order, within 3 days from the date of sending the notification by the carrier, the captain of the ship has the right to ship the cargo at the nearest port and inform the sender (or the charterer) or a person authorized to dispose of the cargo about it; the captain of the ship has the right to do so if the order received by him cannot be carried out without causing damage to the owners of other cargoes on the ship.

The carrier is liable for the loss or damage of the cargo accepted for transportation in the following amounts (Article 117 of the RF CMTC:

1) for the loss of cargo - in the amount of the value of the lost cargo;

2) for damage to cargo - in the amount by which its value has decreased;

3) in case of loss of cargo accepted for transportation with the declaration of its value - in the amount of the declared value of the cargo;

4) for the carriage of goods with a declared value, the sender or recipient is charged an additional fee, the amount of which is determined by the contract for the carriage of goods by sea;

5) the carrier returns the freight received by him, if it is not included in the cost of the lost or damaged cargo.

The carrier is not responsible for the loss or damage of the cargo accepted for transportation or for the delay in its delivery, if it proves that the loss, damage or delay occurred as a result of (Article 166 of the CTM RF):

1) force majeure;

2) dangers or accidents at sea and in other navigable waters;

3) any measures to save people or reasonable measures to save property at sea;

4) a fire that has arisen through no fault of the carrier;

5) actions and orders of the relevant authorities;

6) hostilities and popular unrest;

7) actions or omissions of the sender or recipient;

8) hidden defects of the cargo, its properties or natural loss;

9) imperceptible in appearance defects in the container and packaging of the cargo;

10) insufficiency or ambiguity of marks;

11) strikes or other circumstances that caused the suspension or restriction of work in whole or in part;

12) other circumstances arising through no fault of the carrier, its employees or agents.

The contract for the carriage of goods by sea is terminated without the obligation of one party to the contract to compensate the other party to the contract for the losses caused by the termination of the contract, if, after its conclusion and before the ship leaves the place of loading of cargo due to circumstances beyond the control of the parties:

1) the ship will perish or be forcibly seized;

2) the ship is declared unseaworthy;

3) the cargo perishes, individually determined;

4) the cargo, determined by generic characteristics, perishes after its delivery for loading and the sender will not have time to hand over another cargo for loading.

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