Ianovytska A. The contract for the international carriage of goods by road.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U002655

Applicant for

Specialization

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

01-06-2017

Specialized Academic Board

К 20.051.14

Kolomyia Educational-Scientific Institute The Vasyl Stefanyk Precarpathian National University

Essay

The dissertation deals with the investigation of the legal nature of the contract for the international carriage of goods by road. The sources of legal regulation of the contract for the international carriage of goods by road are analyzed, its concept is defined. The contract for the international carriage of goods by road is regarded as an agreement according to which a business entity (a carrier) is obliged for a fixed payment and in the established terms specified in the contract to provide services as to the carriage of goods entrusted to him by the consignor to the place of destination, by crossing the customs border of at least one state, and give it to the authorized person (a consignee). Based on the legal nature of the contract for the international carriage of goods by road, the following characteristic features of it are highlighted by the author: it is bilateral (in some cases, it may be made in favour of third parties); consensual; compensatory; terminal; it is characterized by special subjects, namely "a carrier" - a business entity that is licensed to provide such services; it can be characterized as an accession agreement if the provision of such services is the main economic activity for a carrier.The offer and acceptance as stages of entering into the contract for the international carriage of goods by road are analysed. It is suggested to consider the offer as an application form filled by the consignor for the carriage of goods by road in the international connection. As to the validity of the offer, the possibility of its revocation and entry into legal force the Right of the State chosen by parties will be applied. If the Right has not been chosen by parties or it is contrary to the public policy of the state, in this case the Right of the State of the carrier is applicable.

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