Samoylenko G. The contract of transportations of cargoes in an internal water communication

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U002217

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

02-04-2004

Specialized Academic Board

К.64.700.02

Essay

The historically-legal essence of legal regulation of cargoes transportations is depicted in the dissertation. Its unique which consists of two directions of influence on them - legal as the edition of imperative certificates by state bodies, which are distributed to any participants of the relations on cargoes transportation with the purpose of the establishment of general rules, that is certain legal form, within the framework of which the concrete subjects will carry out the activity; and contractual - agreement of the concrete persons, which for themselves establish the mutual rights and duties with the purpose of achievement of the certain positive results is emphasized. The characteristic and legal positions of the subjects, kinds, transactions’ form, form of the transportation contract are analyzed. The significant part of work is devoted to questionable parts of the transport right, in particular definitions of the contract, its essence, features of the subject structure and question of an opportunity of application of the mixed and joint responsibility on transport The final part of the work investigates the responsibility of the parties for default or inadequate performance of the cargoes transportation contract in internal water connection, principles and order of denying it. Limited liability of transporter under the contract is investigated in the dissertation and the opportunity of an establishment of other forms of the responsibility is considered.

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