Legal nature of the contract of freight forwarding
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2018, Vol 3, Issue
Abstract
The article deals with the legal nature of the contract of freight forwarding. The comparative analysis of this contract was made. In comparison with contract of order, the contract of freight forwarding deals with actual actions. The main characteristic of the contract of commission is made on internal relations, which determine the nature of the external. In addition to this, the comparative analysis of the contract of freight forwarding and carriage of goods and agency agreement, show an independent place of the contract of freight forwarding in the system of agreements on the provision of services. Agency agreement relate to the provision of a wide range of intermediary services, when the contract of freight forwarding is limited to services related to the carriage or delivery of goods. The analysis of the norms of the codes - The Civil Code of Ukraine and The Commercial Code of Ukraine, for the carriage of goods, we can conclude that the subject of the contract is a service for the movement of goods from the point of loading to the destination. While the subject of the contract of freight forwarding is the services related to transportation. The comparative analysis, which were given in the article, makes it possible to determine the characteristic features of the contract of freight forwarding. The first one is that the contract is included in the system of service contracts, where the subject is a service related to the carriage or delivery of goods, and manifests itself in the juridical or actual actions. Second, the contract is bilateral: one party is the forwarder, and the contracting party under the contract is a client who has mutual rights and obligations. Other features: it concludes for a certain period, the corresponding services are provides «for a fee and at the expense of the other party (the client)». As a conclusion, a number of common features of this contract and of the contracts of order, commission, carriage of goods and agency agreement, sometimes leads to practical difficulties in concluding a contract and in determining legal regulation, which, of course, is the basis for further research in this area.
Authors and Affiliations
А. В. Яновицька
Keywords
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