#cargoobligation
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Articles and case comments
- The Legal Nature of the Contract of Carriage of Goods: Foreign Experience and Russian UnderstandingThe article deals with the legal nature of the contract of carriage of goods. For this purpose, the author defines the economic purpose of the contract, its subject matter and the liability for its breach. According to these three components, the article is divided into three parts. The author also examines the regulation of the contract of carriage in foreign jurisdictions, namely English, German and French law. On the basis of the material analysed, the author concludes that it is possible to subdivide the obligations under the contract of carriage into obligations on the cargo and obligations on the vessel. It is pointed out in the article that Russian legal doctrine has a view of carriage which is a bit unique from the other legal systems while there are no actual grounds for such understanding. The author concludes that the contract of carriage in Russian law is an obligation on the cargo which includes an obligation on the vessel.
