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Civil law. Part II. Transport contracts (most important)

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53. TRANSPORT CONTRACTS

Contracts related to transportation are referred to transport contracts, the same contracts include contracts of transport expedition and towing.

Subject transport contracts - the provision of services for the delivery of objects entrusted to the carrier to the destination.

Objects transport contracts can be cargo, passengers and luggage (clause 1 of article 784 of the Civil Code).

The general conditions of transportation are determined by the Civil Code of the Russian Federation (Chapter 40), transport charters and codes, other laws and regulations (Clause 1, Article 784 of the Civil Code). The conditions of transportation by certain modes of transport, as well as liability for these transportations, are determined by agreement of the parties (part 2, clause 2, article 784 of the Civil Code).

Characteristics of transport contracts: compensated, mutual, can be real and consensual.

The relationship of transport organizations during transportation by different modes of transport under a single transport document (direct mixed traffic) is determined by agreements between organizations of the corresponding modes of transport (Article 788

GK).

Contracts of carriage by public transport carried out by commercial organizations are public - Art. 426 of the Civil Code (Article 789 of the Civil Code).

Freight charged freight charge, established by agreement of the parties, and when transported by public transport - in accordance with tariffs (clauses 1 and 2 of Article 790 of the Civil Code).

The carrier has the right to withhold cargo and luggage in order to secure the carriage fee due to him (paragraph 4 of article 790 of the Civil Code).

Deadlines delivery of objects of transportation to the destination are determined in accordance with transport charters and codes, or must be reasonable (Article 792 of the Civil Code).

Responsibility for violation of transportation obligations, the parties bear in accordance with the Civil Code of the Russian Federation, transport charters and codes, as well as an agreement of the parties (Article 793 of the Civil Code).

Carrier liability for loss and damage to cargo or baggage, art. 796 of the Civil Code: damage is compensated either in the amount of the value of the cargo or baggage (if they are lost), or in the amount by which their value has decreased (in case of damage), or in the amount of the declared value (clause 2 of article 796 of the Civil Code).

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