#comparativelaw

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2 publications · All hashtags

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Articles and case comments

• The Legal Nature of the Freight Forwarding Contract: Foreign Experience and Russian Understandingissue 4/2022 · Bulat Karimov · 3 January 2023The article is devoted to establishing the legal nature of the freight forwarding contract. For this purpose, the author analyses the economic nature of the said contract, its subject matter and liability for its breach. In addition, the article provides foreign experience of regulation of the said institute in the legal orders of England, Germany and France. The author compares some aspects of the legal concept of the freight forwarding in Russia and in the legal orders mentioned above. The conclusion of the study is that the freight forwarding contract in the Russian law is formulated not based on the subject matter of the contract but based on its object. The result of this approach is that a rather large number of binding relations may be covered by the definition of the freight forwarding. This, in turn, may lead to adverse consequences for the legal order and civil turnover since, under Russian law, the freight forwarder’s liability is limited.
• The Legal Nature of the Contract of Carriage of Goods: Foreign Experience and Russian Understandingissue 3/2022 · Bulat Karimov · 7 October 2022The 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.