The system of contracts between transport organizations

Автор: Burdin K.K.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 3, 2025 года.

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The article addresses the issue of unsystematic legal regulation of organizational relations between transport organizations. The main prerequisites of this problem are the following factors: long legal non-recognition of organizational (non-personal non-property) civil relations, the transition from the administrative-command economic system to a mixed type (capitalist market), the development of engineering thought and urbanization at the present stage of society development. Currently, economic entities predominantly enter into organizational transportation contracts in the form of innominate agreements, often resulting in their subsequent reclassification by courts into specific types enshrined in Section IV of the Civil Code of the Russian Federation (CC RF). The author proposes the exclusion of Articles 788, 791, 798, and 799 from the CC RF and the incorporation of a separate subsection to Chapter 40 of the CC RF, entitled “Organization of Transportation”. This proposal stems from the distinctive non-personal, non-proprietary nature of the relationships being regulated, which precludes their direct classification under any of the chapters currently regulated within the CC RF. Consequently, a dedicated subsection is deemed necessary to provide a comprehensive and nuanced legal framework for these essential inter-organizational arrangements in the transportation sector. This restructuring would facilitate clarity, predictability, and enforceability in the context of organizational contracts related to transportation, contributing to a more robust and efficient transportation ecosystem.

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Obligations with non-material content, organizational relations, organizational legal relations, organizational agreements, organizational transport agreements, joint activities, joint activities of transport organizations, system of contracts

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Короткий адрес: https://sciup.org/149148262

IDR: 149148262   |   DOI: 10.24158/tipor.2025.3.18

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