On the issue of the legal status of the consignee in the contract of carriage: theoretical and practical aspects
Автор: Korableva I.V.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 7, 2024 года.
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This article is devoted to the issue of the legal status of the consignee in the contract for the carriage of goods. Four doctrinal positions regarding this issue are presented: the consignee is the beneficiary of the carriage contract; the consignee is an independent party to the contract; the consignee and the consignor act as a single party to the carriage contract vis-à-vis the carrier; the consignee is not a party to the contract but performs a unilateral act in receiving the cargo. The main source of disputes is identified as the absence of legislatively defined status for the consignee within the contract, while legislative obligations upon receipt of cargo are acknowledged. Based on the analysis of various scientific points of view, the author concludes that the consignee is not a party to the carriage contract but represents the interests of the consignor in dealings with the carrier and performs a unilateral transaction in receiving the cargo.
Consignee, consignor, carrier, contract of carriage, contract for the benefit of a third party, tripartite contract, unilateral transaction
Короткий адрес: https://sciup.org/149146048
IDR: 149146048 | DOI: 10.24158/tipor.2024.7.30