It is impossible to imagine the modern world without transportation. Whether it's transporting cargo or passengers. We are accustomed to the fact that there is always goods on store shelves, and minibuses, regular buses and other transport take us to our destination.
But between sending the product from the warehouse to its appearance on the shelves, and delivering the passenger to the place, many different actions take place. However, legally everything begins with the conclusion of a contract of carriage. Let's look at it in more detail. Our contractual relations lawyer will explain how to draw up a transportation contract, help in developing a draft contract, make changes to the current contract, and prepare a protocol of disagreements: professionally, on favorable terms and on time.
Essential terms of the contract of carriage
Under the contract of carriage, the carrier is obliged to deliver the cargo or passenger to the destination, and the shipper or passenger undertakes to pay the carrier the cost of transportation.
The main essential conditions of the contract of carriage include its subject, the period of transportation (date of departure and arrival), the cost of transportation, and if it is a contract for the carriage of goods, then also the name and quantity, as well as the data of the consignor and consignee. There are also other conditions provided for by transport regulations. Read about changing the terms of the contract by agreement of the parties using the link on the main part of our website.
What does a contract for the carriage of goods by road look like?
The contract for the road transport of goods is concluded after discussing all the nuances included in the final version of the document. The scope of such a document contains an accurate description of the goods being transported and the vehicle used to deliver it to the final destination.
The application form for the carriage of goods must contain complete information about the goods being transported, otherwise the carrier may have problems with delivery. The application form for cargo transportation must be supplemented with certain documents and certificates. The contract for the carriage of goods by road should be drawn up extremely carefully, especially with regard to delivery times. After all, unforeseen circumstances may arise, including technical failure. Therefore, before sending the goods, the vehicle should be subjected to a thorough technical inspection.
Before you begin concluding a contract, you must carefully consider all the conditions included in the final version of the document so that no controversial situations arise later. Both the hiring company and the cargo carrier must stipulate specific dates for loading, delivery, and liability for non-compliance with contractual terms.
Contract for the carriage of goods by road (click on the picture to enlarge the size)
(Click on the picture to enlarge the size)
How to draw up a contract for the carriage of goods?
To draw up a contract for the carriage of goods, first of all, it is necessary to determine the type of transport that will be used for transportation. Next, the above essential conditions must be met.
The contract must clearly reflect who the shipper and consignee are, in what volume and what kind of cargo is being delivered, along what route and at what cost. It is necessary to take into account the responsibilities that each party to the contract must fulfill. And in order to protect the party whose representative you are, it is necessary to clearly formulate the responsibility of the parties, either in the form of a specific significant amount of a fine, or daily interest on the cost of transportation for non-fulfillment or improper performance of duties.
The contract for the carriage of goods must be drawn up in writing. If the Parties are unable to sign the agreement in person, its terms and conditions must provide for the possibility of considering scanned copies as original documents and having legal force. This will simplify proof in court proceedings if one of the Parties to the contract improperly fulfills its obligations or completely refuses to fulfill them.
It is also necessary to agree with the Party on the moment of execution of the contract. This can be either the transfer of cargo to the consignee, or the moment of transfer (return) of originals or scans of transport documents (TTN) back to the consignor for payment.
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Concept and types of contract for the carriage of goods
Under the contract of carriage, the transport organization (carrier) undertakes to deliver the cargo entrusted to it by the sender to the destination and hand it over to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods (Article 373 of the Civil Code).
The contract for the carriage of goods is one of the most important economic contracts, thanks to which the connection between industry and agriculture, industry and trade is established.
The parties to the contract for the carriage of goods are transport organizations - the carrier and the shipper. The contract for the carriage of goods of state and public organizations is concluded on the basis of a plan that is binding on both parties. Thus, the contract for the carriage of goods is planned. Both the carrier and the shipper have rights and bear responsibilities, therefore, the contract of carriage is bilateral. The contract for the carriage of goods is real, since it is considered concluded from the moment the cargo is handed over to the transport organization and the mark on the transport document made by the carrier.
The contract is concluded between the carrier and the shipper. However, a third party participates in the contract for the carriage of goods, and as a result acquires rights and obligations. This person is called the recipient. In the contract of carriage, the third party not only has the rights, but also bears the responsibilities: Accept the cargo, require the drawing up of acts, remove the cargo in a timely manner, although the third party - the consignee - has nothing to do with the conclusion of the contract of carriage. His responsibilities arise from his relationship with the shipper (usually the supplier).
The types of transportation contracts depend on the type of transport carrying out the transportation. There are rail, sea, river, air and road transportation. Legal entities act as carriers: railway departments, sea and river shipping companies, motor transport enterprises, etc. Each type of transportation is regulated by special regulations.
The classification of contracts is carried out depending on the number of transport enterprises involved in transportation. There are local, direct and direct multimodal transport. Local refers to transportation in which one transport company takes part.
Transportation is issued with a consignment note. It contains all the essential terms of the contract and is essentially a form of a contract of carriage (in maritime transport, transportation is formalized by a bill of lading). The consignment note is filled out by the sender in the prescribed form and handed over to the carrier with the cargo. It indicates the name of the sender, recipient, place of departure and delivery of the cargo, number of pieces, weight of the cargo, type of packaging and characteristics of the transported cargo.
For the transportation of goods by road, a consignment note is issued in four copies. since it is not only a transportation document, but at the same time a document recording the commodity values of the consignor and consignee.
The shipper is responsible for the incorrectness and incompleteness of the information in the consignment note.
In accordance with the contract of carriage, the carrier is obliged to deliver the cargo transferred to him to the destination safe and sound and hand it over to the person authorized to receive it.
If the cargo is lost, spoiled or damaged by the carrier, then he is obliged to compensate the consignor or consignee for the resulting losses. For loss or shortage of cargo, the carrier pays the recipient the cost of the lost or missing cargo.
The carrier is obliged to deliver the goods within the specified time period.
Delivery time is determined depending on the type of transport and the distance between the point of departure and destination. On the railway, delivery times are also calculated depending on the type of speed (high speed, freight speed).
For delay in delivery of cargo, the carrier pays a fine.
On the railway, it is determined depending on the delay and the size of the freight charge. The fine cannot exceed 75% of the freight charge.
When accepting cargo, the consignee is obliged to check the safety of the arrived cargo, namely: the integrity of the seals, the serviceability of the cars, and the compliance of the cargo with the data specified in the consignment note. If the consignee discovers any deviation from the statutory rules, he must request the drawing up of a commercial act. The requirement to draw up a commercial act must also be stated in the case when perishable cargo arrived late.
A commercial act is the basis for imposing liability on the carrier, sender and consignee. The Railway Charter (clause 168) provides for circumstances that must be certified by a commercial act: a) discrepancy between the name, weight or number of pieces of cargo and the data specified in the transportation document; b) damage to cargo and luggage and other cases.
The commercial act is drawn up by the transport authority, as a rule, at the request of the consignee on special forms. It is signed on the railway by the station manager, the head of the freight yard (warehouse supervisor, senior weigher) and the station weigher, as well as the consignee, if he participated in the inspection. If an expert participated in the acceptance, a special act must be drawn up indicating this in the commercial act.
Concept and types of property
Property is the social relationship between people regarding things, and not the attitude of people towards things.
1. The owner's right of possession means the ability to own property. Possession means the actual possession of a thing, dominion over it. Generally, the owner of a property is its owner. However, the right of ownership may not belong to the owner in the following cases: the owner, at his own request, transfers a thing (property) into the possession of another person (hands it over for storage under a storage agreement), a thing (property) can, on the basis of law, be transferred into the possession of another person (if transfer of property from one organization to another).
2. Right of use - means the exploitation of a thing in accordance with its social and economic purpose, i.e. extracting from a thing its useful properties and various benefits. The right of use (as well as the right of ownership) may belong not only to the owners, but also to other persons. The owner may allow another person to use the thing (for example, in the case of concluding a rental agreement for residential premises).
3. The right of disposal - the owner means determining the legal and actual fate of a thing at the request of the owner, i.e. the owner has the right to sell the thing, exchange it, lend it to another person, etc. If the owner destroys a thing, then this is also an exercise of the power of disposal, since essentially this is a determination of the actual fate of the thing; as a rule, such a right belongs only to the owner. In some cases, the non-owner may also have the right to dispose of property (thing). Such cases are discussed in the law. For example, a bailiff, in order to execute a court decision, can make an inventory and sell a citizen’s property to pay off his debt.
The right of ownership of the acquirer of property under an agreement (or the right of operational management of property) arises from the moment the thing is transferred to him, unless otherwise provided by law or agreement (Article 135 of the Civil Code). The legislation provides that transfer is recognized as the delivery of property or administrative documents to the acquirer, as well as the delivery to a transport organization (for example, the supplier transfers goods to the railway for delivery to the recipient) or to the post office of things to send them to the acquirer. Determining the moment of transfer of ownership is important in order to establish who became the owner and when.
Origin and essence of debt
Law arises simultaneously with the state. Law is a set of rules (norms) of behavior created by the ruling class and aimed at maintaining the power of this class. The essence of law was expressed by K. Marx and F. Engels. Addressing the bourgeoisie, they wrote that “your right is only the will of your class elevated to law, a will whose content is determined by the material conditions of life of your class.”
Being dependent on the economic system, law, in turn, actively influences the development of social relations. It can have a progressive effect, helping social development, but it can also have a reactionary effect, putting obstacles in the development of society.
Law does not regulate all relations, but only those in the protection and development of which the ruling class is interested.
However, law is not a mirror image of economics.
F. Engels, in his letter to Konrad Schmidt on October 27, 1890, wrote: “The basis of inheritance law is economic, assuming the same degree of development of the family. Despite this, it will be very difficult to prove that, for example, in England the absolute freedom of wills, and in France its severe limitation, are explained in all particulars only by economic reasons. But both have a very significant reverse effect on the economy due to the fact that they affect the distribution of property.”
Since law serves the ruling class, the state takes measures to strictly implement the rules of law. If a right is violated, the state uses enforcement agencies to ensure compliance by all persons.
Based on the above, we can highlight the main features of the law. Law is a system of generally binding rules (norms) of behavior established or sanctioned by state bodies, which express the will of the ruling class, determined by the economic conditions of life in society, and are protected from violations by the coercive force of the state.
Concept and types of regulations
The sources of law are regulations issued by authorized bodies. Regulatory acts are those legal acts of the state that contain rules of conduct (Rules of Law) of a general nature (not having a specific addressee). Along with normative acts, state bodies or, on their instructions, public organizations issue so-called acts of application. These acts are addressed to specific individuals and cannot be extended to other individuals.
Law is a normative act of the highest legal force. All other (by-laws) regulations must be complied with within the framework of the law.
Another type of normative acts is presidential decrees; they can be both a normative act and an act of application.
Tags: Contract
Contract for the carriage of goods, passengers and luggage
Surely, while on public transport, you have heard the voice of an announcer many times saying: “Dear passengers! We ask you to keep your tickets until the end of your trip. The ticket is a confirmation of the conclusion of the contract of carriage.”
In accordance with the Civil Code of the Russian Federation, under a contract for the carriage of passengers, the carrier undertakes to deliver passengers to their destination, and if passengers have luggage, then, accordingly, that too. For travel and baggage transportation, passengers are obliged to pay the carrier a carriage fee.
In this case, the conclusion of the agreement is certified by a ticket, which indicates the date and time of sale of the ticket, route number, its name, departure and arrival dates, travel time, and passenger seat number. If baggage is checked in, the passenger is given a baggage receipt, which confirms payment for baggage transportation.
In the event of a dispute, presentation of the ticket or baggage receipt as evidence will be sufficient to confirm that travel or baggage was carried out on the day in dispute.
Contract for the carriage of goods
The contract for the carriage of goods involves the transport organization carrying out the transportation and the shipper, who provides the goods for transportation and pays the freight charge - Article 785 of the Civil Code of the Russian Federation. As a rule, the shipper transfers the cargo to the transport organization, indicating the consignee - a participant in the transport process, with whom he is bound by a contractual obligation and to whom he must release the cargo at the destination.Based on the above, a cargo transportation contract can be characterized as an agreement under which: - one party, the carrier, undertakes to deliver the cargo transferred to it by the sender to the destination and hand it over to the person authorized to receive the cargo - the consignee. - the second party, the sender of the goods, undertakes to pay for transportation. From this definition it is concluded that the contract for the carriage of goods is compensated and reciprocal. The contract is compensated, since the carrier receives remuneration for transportation, and reciprocal because the carrier undertakes to transport the cargo and has the right to pay for the transportation service, and the shipper undertakes to pay the freight tariff and has the right to transport the cargo transferred to the carrier. The contract for the carriage of goods is considered concluded from the moment the cargo is accepted by the carrier and therefore refers to the list of real contracts. However, in some cases, the contract for the carriage of goods may become consensual. It is considered consensual if the carrier undertakes to provide vehicles before the transfer of cargo occurs. For example, a contract of carriage by sea, called a charter or affreightment agreement, is consensual. Moreover, the contract of carriage is of a public nature. To recognize a contract for the carriage of goods as public, it is necessary, in accordance with Article 789 of the Civil Code of the Russian Federation, to comply with certain conditions. For example, transportation of goods by public transport. Transportation carried out by a commercial organization is recognized as such if it follows from the permit or license issued to this organization that it must carry out transportation of goods at the request of any legal entity or individual. The second important condition: the list of organizations that are obliged to transport goods by public transport must be published in accordance with the established procedure. In a public form, a commercial organization does not have the right to give preference to one person to the detriment of another when concluding an agreement. The price of services and work when transporting goods by a commercial organization is set the same for all shippers, except in cases where the law or other legal act allows for the provision of benefits to certain categories of service consumers. In this case, refusal to conclude a contract for the carriage of goods, in accordance with Article 426 of the Civil Code of the Russian Federation, is not allowed. Depending on the type of transport, transportation is divided into : • Rail • Sea • River • Air • Road Relations related to the transportation of goods are regulated by transport law, which applies to each type of transportation. Transportation is divided into those carried out in: • local • direct • direct mixed communications. Local transportation - carried out within the same railway, shipping company or within the same transport enterprise. Direct transportation is when several enterprises, but of the same type of transport, are involved in transportation under one document. For example, transportation by rail under one consignment note from Irkutsk to Moscow will be recognized as direct, since several railway transport enterprises take part in the transportation of goods: Irkutsk, Sverdlovsk, Moscow railways. Direct multimodal transportation is transportation when, according to one document, the cargo is transported by different enterprises of different modes of transport. An example of direct multimodal transportation is the transportation of cargo from Moscow to Astrakhan by rail, and then by sea to a port on the Caspian Sea. Delivery of cargo from the destination station to the final consignee by road transport is not taken into account when determining the type of transportation. Such transportation is usually carried out using other documents. When transporting goods, there are two important concepts: “carriage of goods” and “transportation of goods”. In the legislation of the Russian Federation and a number of federal laws and regulations of the Government of the Russian Federation, the concepts of “cargo transportation” and “cargo transportation” are used. For example, in Article 15 of the Federal Law of the Russian Federation dated June 21, 1997. No. 116-FZ “On the industrial safety of hazardous production facilities” refers to goods that are “stored and transported”, and the law of December 13, 1996. No. 150-FZ “On Weapons” in Article 1 the following concepts are used: “transportation” and “transportation” of weapons. Article 25 of this Law is called “Recording, carrying, transporting, transporting, destroying, collecting and exhibiting weapons,” that is, the legislator means that carrying and transporting weapons mean different forms of their movement. The concepts of transportation and carriage of goods used in legislation are not identical and mean different forms of movement of goods. Although it seems that these concepts are similar, because both transportation and transportation involve the movement of goods from one point to another. But it's not right. Not every movement using vehicles can be called transportation of goods. For example, technological transportation of goods using the own transport of a legal entity. Transportation from a warehouse to a workshop of raw materials, and finished products to a warehouse, does not give rise to obligations to transport goods. When transporting weapons, there are also no transportation obligations, not only within the production enterprise, but also outside it. Thus, the difference between the transportation of goods and their transportation mainly lies in whether the movement of goods involves the conclusion of a contract of carriage on paid terms. Transportation of cargo can be carried out using our own transport without concluding a contract or paying for services. Transportation is considered to be the movement of goods, in which it is mandatory (according to Chapter 40 of the Civil Code of the Russian Federation) that a contract for the carriage of goods is concluded and all the rules established for this type of transport are observed. Concluding a contract of carriage with a commercial carrier is an important step. If you doubt the competence of the carrier or the legality of the text of the contract, we advise you to refer to the Civil Code, where the contract of carriage is separated into a separate chapter. Do not forget that the carrier’s financial liability also depends on the contract. At the same time, it is necessary to understand the difference between a contract for the carriage of goods and a contract for transport and forwarding services, in which you trust the transportation contract to be concluded in your interests by the forwarding company. Often the client cannot independently conclude a transportation contract due to the inability to fulfill its terms. For example, if the contract implies the presence of a Technical Data Invoice or prepaid applications for monthly cargo turnover.
Read more about the transport expedition agreement here.
Transport expedition contract
Under a transport expedition agreement, one party (the forwarder) undertakes, for a fee and at the expense of the other party (the client-shipper or consignee), to perform or organize the performance of services related to the transportation of goods specified in the expedition agreement.
This agreement also provides for the responsibilities of the forwarder in organizing the transportation of cargo using the selected transport and along the route that was chosen by the forwarder himself or the customer (client). In addition, the contract may stipulate the forwarder’s obligation to enter into contracts on behalf of the customer (client) or on his own behalf. And, of course, the most important thing is that the forwarder is obliged to ensure the dispatch and receipt of cargo, as well as fulfill other obligations stipulated by the contract.
In addition to the basic services, the transport expedition agreement may also provide for additional services. For example, carrying out operations necessary for the delivery of cargo, such as obtaining documents required for export/import, completing formalities related to customs clearance and other authorities, checking the quantity and condition of cargo, loading and unloading cargo, paying various duties, fees and other expenses imposed on the customer (client), storage of cargo, its receipt at the destination, as well as performance of other operations and services provided for by the contract.
This agreement must be concluded in writing. The Client also needs to issue a power of attorney to the Forwarder, which will indicate his powers.
The forwarder bears full responsibility for non-fulfillment or improper fulfillment of its obligations under the contract, unless it proves otherwise.
Unless otherwise provided by the contract, the Forwarder has the right to involve third parties in the execution of the contract.
Conditions of the contract of carriage
Essential conditions mean conditions necessary and sufficient for the contract to be considered concluded. An agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement.
Essential are the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached (clause 1 of Article 432 Civil Code of the Russian Federation).
The essential terms of the contract for the carriage of goods are:
- Subject of the agreement;
- Name and quantity of cargo;
- Transportation period;
- Points of departure and destination;
- Amount of freight charge;
- Name of the shipper and consignee;
- Other conditions recognized as such in accordance with the above transport charters and codes.
The essential terms of the contract for the carriage of passengers and their luggage are:
- Subject of the agreement;
- Date and time of departure, date and time of arrival;
- Points of departure and destination;
- Amount of freight charge;
- Other conditions recognized as such in accordance with the above transport charters and codes.
The essential terms of the charter agreement are:
- Subject of the agreement;
- Amount of freight charge;
- Number of flights;
- Other conditions recognized as such in accordance with the above transport charters and codes. They may be the name of the place of loading of the cargo, the name of the destination or direction of the vehicle, the type and type of cargo, the name and type of the vehicle, the class of the vessel, the flag of the vessel, technical and operational data of the vehicle, navigation area, purpose of chartering, time, place of transfer and return of the vessel, charter period, vehicle route, etc.
In accordance with paragraph 2 of Article 18 of the Charter of Road Transport, a charter agreement for road transportation must include:
- Information about the charterer and the charterer;
- Shipping Name;
- Type of vehicle provided (if necessary, number of vehicles);
- Route and place of delivery of the vehicle;
- Transportation deadlines;
- Amount of fee for using a vehicle.
Additional terms and conditions of contracts for the carriage of cargo, passengers and their luggage, and chartering are determined by transport charters and codes. Separately, I would like to dwell on the transportation period. The term in the contract of carriage is the period of time during which the cargo or passenger must be delivered from the point of departure to the point of destination. Delivery times are determined by transport charters and codes, the contract of carriage, or are based on reasonable or usually accepted terms (Article 792 of the Civil Code of the Russian Federation).
Download the Contracts of Transportation in the FreshDoc application:
- Sea charter agreement;
- Contract for the carriage of passengers by sea;
- Contract for the carriage of goods by road;
- Contract for the carriage of passengers by motor transport;
- Transport expedition agreement;
- Contract for air carriage of passengers;
