Economic and Legal Essence of Consignee Liabilities in Cargo Transportation Agreement

Vladimir P. Kamyshansky (), Yulia G. Leskova (), Vyacheslav E. Karnushin () and Evgenia Y. Rudenko ()
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Vladimir P. Kamyshansky: I.N. Trubilin Kuban State Agrarian University
Yulia G. Leskova: I.N. Trubilin Kuban State Agrarian University
Vyacheslav E. Karnushin: Rostov Institute (Branch) of Russian State University of Justice
Evgenia Y. Rudenko: I.N. Trubilin Kuban State Agrarian University

A chapter in Russia and the European Union, 2017, pp 253-259 from Springer

Abstract: Abstract The article describes the features of carriage of goods in conjunction with other property relations inside the economic cycle. Explanation of the obligations of the consignee, provided by transport charters and codes, is given. The obligations of the consignor are estimated as obligations of a third party in the contract. These obligations are unique for their way of establishment. They emerge against or not in accordance with expressed will of a consignor. The relevance of the topic is caused by a theoretical issue, which concerns the possibility to set obligations of a person, who is not a party of the contract. This raises a problem, where obligations are not set due to the expressed will. The aim of the article is not only to analyze such obligations of the third party in the contract of carriage of goods, but also to suggest a doctrinal construction, explaining such case of being obliged not with one’s own expression of will. A short economic review of these obligations is given, and it is proved that these obligations cannot be relevant to civil law as there are no corresponding rights of the parties in the contract of carriage of goods. In this case, a solution is suggested that the obligations of a consignor appear to belong to public branches of law and to serve public interests, which are to sustain the whole economic turnover of goods by means of carriage of goods.

Keywords: Contract of carriage of goods; Third party in the contract; Obligations of a third party; Contract in favor of a third party (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:spr:conchp:978-3-319-55257-6_34

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DOI: 10.1007/978-3-319-55257-6_34

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