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Economic and Legal Essence of Consignee Liabilities in Cargo Transportation Agreement

In: Russia and the European Union

Author

Listed:
  • 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)

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.

Suggested Citation

  • Vladimir P. Kamyshansky & Yulia G. Leskova & Vyacheslav E. Karnushin & Evgenia Y. Rudenko, 2017. "Economic and Legal Essence of Consignee Liabilities in Cargo Transportation Agreement," Contributions to Economics, in: Elena G. Popkova (ed.), Russia and the European Union, pages 253-259, Springer.
    • Handle: RePEc:spr:conchp:978-3-319-55257-6_34
    DOI: 10.1007/978-3-319-55257-6_34
    as

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