DISTRIBUTION OF TRANSPORT SERVICES CONTRACTS AND CONSTRUCTION CONTRACTS
Journal Title: Часопис цивілістики - Year 2018, Vol 30, Issue
Abstract
Agreements on the provision of transport services have traditionally entered into the daily lives of every individual and the activities of legal entities, and the question of their legal nature seemed to have long been exhausted in the thorough theoretical studies and scientific discussions in the pages of legal literature. However, the harmonization of legislation with European standards, which is taking place in Ukraine today, and the emergence of new unresolved contract structures for the provision of transport services, require a revision of the legal nature of the treaties under study through the prism of modern realities. The contract of carriage is perceived by modern civilist doctrine and contractual practice as an independent variant of the contract in the system of civil contracts, defined by the Civil Code of Ukraine. However, such a perception has a long prehistory. After all, the scientific community has not always clearly understood the legal nature and place of the contract of carriage. By consolidating the transportation agreement in the twentieth century as an independent contract design at the level of the codified act of civil law, individual lawyers considered the contract of carriage as a variety of contract or as a special type of contract, consisting exclusively of elements of other civil law contracts. Discussion of the legal nature of transport services contracts is relevant today. The article is devoted to the study of the delimitation of contracts for the provision of transport services, in particular, transportation contracts, with the contract treaty closest to them – construction contract. The study draws attention to contracts for the provision of transport services, which are enshrined in the norms of the Civil Code of Ukraine, as well as non-named contracts for the provision of transport services, which are not regulated by the legislation of Ukraine. As a result of the study, it was concluded that transportation contracts and construction contracts are independent contractual structures with different legal nature, which is determined by the purpose of the agreement, as well as a number of other criteria for differentiating such agreements are ascertained.
Authors and Affiliations
Ірина Степанівна Лукасевич-Крутник
Keywords
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