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Commercial law. Packaging and labeling (most important)

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44. PACKAGING AND LABELING

In paragraph 1 of Art. 481 of the Civil Code establishes a general rule on the obligation of the seller to pack or pack the goods, unless otherwise provided by the contract and follows from the essence of the obligation, and also if the goods by their nature do not require packing or packaging. In the event of a dispute, the burden of proving the absence of such obligation (which can only be determined by the nature of the goods) rests with the seller.

At present, in the part that does not contradict the Civil Code, it is possible to apply the Regulations on the procedure for the circulation of reusable packaging facilities in the national economy, approved by the Decree of the USSR Gossnab and the USSR State Arbitration Court of February 14, 1980 (BNA USSR. 1980. No. 8).

The requirements for packaging are:

▪ the presence of a material basis that has two main functions;

▪ ensuring the safety of cargo using the chosen method of storage and transportation;

▪ ensuring convenience for moving goods.

Marking - a symbol applied to the packaging of a package and containing the data necessary for the proper transportation and delivery of the cargo to the recipient.

The requirements for labeling are:

▪ informing about the buyer’s details, contract number, transport number, weight and dimensional characteristics of the seats, number of the place and number of seats in the batch or transport;

▪ instructions to transport organizations on the method of handling cargo;

▪ warning about the dangers that the transported cargo may pose if it is handled improperly.

Permission to place advertising markings must be specified in the contract.

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