Contract law. Contract of carriage (most important)

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Contract law. Contract of carriage (most important)

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50. CONTRACT OF CARRIAGE

The Civil Code of the Russian Federation does not give a general definition of a contract of carriage, but singles out contracts for the carriage of goods, passengers and baggage separately.

Contract of carriage of goods - an agreement by virtue of which the carrier undertakes to deliver the cargo entrusted to him by the sender to the 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 cargo (clause 1, article 785 of the Civil Code of the Russian Federation).

The contract for the carriage of goods is:

1) real;

2) consensual - under a charter agreement;

3) paid;

4) mutual;

5) public.

Parties to the contract - carrier and shipper. The carrier may be a legal entity, an individual entrepreneur who has a license for the types of transportation that they carry out. Entrepreneurs who enter into a transportation agreement in fulfillment of their obligation to the counterparty under another agreement usually act as consignors.

subject of a contract - services for the territorial movement of goods from the point of departure to the point of destination using vehicles.

Passenger Carriage Agreement - an agreement by virtue of which the carrier undertakes to carry the passenger to the point of destination, and in the case of check-in by the passenger, also to deliver the baggage to the point of destination and give it to the person entitled to receive the baggage; the passenger undertakes to pay the established fare, and when checking in the baggage, also for the carriage of baggage (Article 786 of the Civil Code of the Russian Federation).

The contract is:

1) consensual;

2) paid;

3) mutual.

Parties to the contract - carrier and passenger. The carrier may be a person who has a license to transport passengers by the appropriate type of transport. The citizen-consumer acts as a passenger.

subject of a contract - services for the territorial movement of passengers from the point of departure to the point of destination using vehicles.

Form of contract - written. For a contract for the carriage of goods, there must also be a consignment note, for a contract for the carriage of passengers - a ticket.

The carrier undertakes to deliver the baggage entrusted to him by the passenger to the specified destination and issue it to the person authorized to receive the baggage, and the passenger undertakes to pay the established fee for the carriage of baggage.

An agreement on the carriage of baggage is not considered as an independent contract, the obligation to deliver baggage follows from the contract for the carriage of a passenger in the event of a real presentation of baggage for transportation.

Author: Rezepova V.E.

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