Legal encyclopedia. Letter P

SHIPPING

- this is one of the types of civil law contracts, which is provided by Ch. 49 of the Civil Code.

Subjects of transportation are:

1) the carrier is a legal entity or an individual entrepreneur who undertakes, under the contract of carriage by the public railway transport, the obligation to deliver the passenger entrusted to him by the consignor the cargo, luggage or cargo from the point of departure to the destination point, and also to issue the said objects to the authorized person to receive it The person (recipient);

2) the infrastructure of public railway transport is a technological complex that includes public railway lines and other structures, signaling, centralization and blocking systems, information complexes and traffic control system and other buildings, structures, structures that provide the functioning of this complex,

Devices and equipment;

3) the infrastructure owner is a legal entity or an individual entrepreneur who has an infrastructure on the basis of the right of ownership or another right that provides services for its use on the basis of the relevant license and contract;

4) the consignor is a natural or legal person who, under the contract of carriage, acts on his behalf or on behalf of the owner of the cargo, baggage or cargo-drywall and is indicated in the transportation document;

5) the consignee is a natural or legal person entitled to receive the object of transportation.

Objects of transportation are:

1) cargo - objects accepted in the established order for transportation in freight cars, containers;

2) luggage - passenger's things accepted in the established order for transportation in a passenger or postal baggage train to the railway station of destination specified in the travel document;

3) cargo luggage - objects received from a natural or legal person in accordance with the established procedure for transport in

Passenger, postal / baggage or freight / passenger train.

Classification of transportation is carried out for various reasons:

1) by modes: rail, road, sea, inland waterways, air;

2) for transportation objects: transportation of passengers, baggage, cargo, mail;

3) by duration: single, systematic;

4) on a territorial basis: domestic and international;

5) by the number of carriers: in a local message (within the scope of one transport enterprise), in a direct message (several carriers of the same mode of transport), in a direct mixed message (several carriers of different types of transport).

Under the contract for the carriage of goods, the carrier undertakes to deliver the cargo entrusted to him by the consignor to the point of destination and to issue it to the person (recipient) entitled to receive the goods, and the consignor undertakes to pay for the carriage of the freight the established fee (Clause 1, Article 785 of the Civil Code of the Russian Federation). To conclude an agreement

Transportation of goods, consignors submit to the carrier a few days before the beginning of the decade an application for the allocation of a certain number of conveyances. In the case of systematic transportation of goods between the carrier and the shipper, an agreement is concluded on the organization of transportations, by virtue of which the carrier undertakes to accept, at the set time, and the consignor to show the goods for carriage in the amount due. Such contracts are concluded on river, sea, air, road transport. Replacement of the rolling stock provided by the application with one type to another is carried out only with the warning of the consignor no more than 12 hours before the moment of delivery of the wagons. After acceptance by the parties of mutual duties and acceptance of cargo for transportation between them the contract of transportation of cargo is concluded.

Under the contract of carriage of the passenger, the carrier undertakes to transport the passenger to the destination, and in the event that the passenger passes the baggage, also deliver the baggage to the destination and issue it to the person entitled to receive the baggage; The passenger undertakes to pay the established fare for travel, and when handing over the luggage - and for the carriage of luggage (clause 1, Article 786 of the Civil Code of the Russian Federation).

The conclusion of the contract of carriage of the passenger is certified by a ticket, and the passenger's delivery of the baggage is a baggage receipt. The passenger has the right to transport children with him free of charge or on other preferential terms, to carry with him free hand luggage within the established norms, to hand over the luggage for a fee at a rate.

The conditions for the carriage of goods, passengers and luggage by certain modes of transport, as well as the responsibility of the parties for these transportations are determined by agreement of the parties, unless otherwise provided by law or other rules.

The carriage shall be charged for the carriage charge, established by the agreement of the parties. The payment for transport by public transport is determined on the basis of tariffs approved in accordance with the procedure established by the transport charters and codes.

The main duties of the carrier:

1) submission to the sender of cargo for loading of serviceable vehicles in a condition suitable for the carriage of the relevant cargo;

2) delivery of cargo, passenger or baggage to the point of destination within the time limits specified in the order stipulated by transport

Statutes and codes, and in the absence of such terms - within a reasonable time. In case of non-fulfillment or improper fulfillment of the obligations for transportation, the parties bear responsibility established by the Civil Code of the Russian Federation, transport charters and codes, as well as agreement of the parties.