#carriagecontract
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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.
- “Dead Freight”The article analyses the legal nature of “dead freight” as losses caused by the failure default to execute the obligation of the charterer to provide the volume of cargo agreed under the contract of carriage of goods by sea. The author gives examples of approaches to the qualification of “dead freight” in Russian and foreign judicial practice, emphasizes the practical relevance of the correct legal qualification of “dead freight”, and also highlights the features of the “dead freight” institute.
- A Waiting Icebreaker, or What Does the Customer Pay for?Case No. A33-15874/2020 (FSUE “Rosmorport” v JSC “Khatanga Commercial Seaport”)
- Take-or-Pay a la RusseCommentary to the Resolution of the Supreme Court of the Russian Federation dated August 20, 2021, No. 305-ES21-10216 in case No. A40-328885/2019 (“OTEKO-Portservice” v “Kaproben”)
- Who Pays for the Discharge of Cargo When the Port of Destination Is Changed?Case No. А73-7921/2020 (LLC “Alliance-DV Kamchatka” v LLC “Ventura”)
- Towing Orders by PhoneJudgement of the 5th Commercial Court of Appeal dated January 18, 2021 No. 05AP-7234/2020 in case No. A51-3969/2020 (LLC Far Eastern Sea Transportation v LLC Vostok-Mor-Stroy)