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Civil law. Part II. Contract for the carriage of goods (the most important)

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54. CARRIAGE CONTRACT

On contract for the carriage of goods the carrier undertakes to deliver the cargo entrusted to him by the sender to the point of destination and issue it to the person (recipient) authorized to receive the cargo, and the sender undertakes to pay the established fee for the carriage of the cargo.

The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note to the sender of the goods. (bill of lading or other document for the cargo provided for by the relevant transport charter or code) (clause 2 of article 785 of the Civil Code).

Charter agreement (charter) - a contract of carriage, under which one party (the charterer) provides the other party (the charterer) with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods, passengers and baggage.

By the parties contracts are: shipper, carrier и consignee.

Shipper's powers:

▪ for one-time transportation, submit an application for transportation within the established period, and for systematic transportation, enter into a long-term agreement on the organization of transportation (Article 798 of the Civil Code);

▪ present cargo for transportation in the specified volume, if an agreement has been concluded on the organization of cargo transportation (Part 1 of Article 798 of the Civil Code);

▪ make claims against the cargo carrier before filing a claim in court in case of improper performance of the contract (clause 1 of Article 797 of the Civil Code). The limitation period for such claims is 1 year (clause 3 of Article 797 of the Civil Code);

▪ refuse the vehicles provided to him if they are not suitable for transporting his cargo (Part 2, Clause 1, Article 791 of the Civil Code);

▪ carry out loading in accordance with the established rules, if it is provided for by the contract (clause 2 of Article 791 of the Civil Code), and within the time limits provided for by it (clause 3 of Article 791 of the Civil Code);

Carrier powers:

▪ provide the sender with serviceable vehicles suitable for transporting the relevant cargo within the period established in the shipper’s application (clause 1 of Article 791 of the Civil Code);

▪ load the cargo if this is provided for in the contract (clause 2 of article 791 of the Civil Code).

The rights of the consignee:

▪ unload the arrived cargo within the period stipulated by the contract (clause 3 of Article 791 of the Civil Code);

▪ make claims against the cargo carrier before filing a claim in court in case of improper performance of the contract (clause 1 of Article 797 of the Civil Code).

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