Dovhusha M. Shipping Contracts.

The thesis is a special comprehensive research of theoretical and practical problems of regulating shipping contract under the laws of Ukraine. The author of the dissertation has studied the procedure of concluding, amending and terminating a shipping contract; has analyzed its essential conditions; and has made and grounded a conclusion about its legal independence. The characteristic features of a shipping contract have been distinguished: a) the purpose of the contract is the organization and / or carriage of freight; b) the parties to the specified contract are specific subjects – an expediter and a client. The expediter is a business entity; a client is any person; c) the main duties of the expediter will be: the organization of carriage of freight by transport and along the route chosen by him or the client, ensuring the sending and receiving of freight; conclusion on behalf of the client or on his own behalf of the contract of carriage of freight; besides, the expediter may have additional responsibilities for obtaining documents necessary for export or import, performing customs formalities, checking the quantity and condition of the freight, its loading and unloading, paying duties, fees and other expenses, storing the freight; d) the expediter under the shipping contract can provide legal services – for example, the organization of carriage of freight, paperwork, etc. and services of actual nature – sending and receiving the freight, etc.; e) the shipping contract may contain the list of additional, auxiliary services that must be provided by the expediter. It has been also proved that the shipping contract is concluded exclusively in writing with the signatures of the parties. But it is considered to be executed in writing, if the offerer sends a written suggestion to conclude a shipping contract and its acceptance by the other party to the contract by fulfilling the contract’s terms. Besides, this contract will also be considered concluded in writing, if its content is recorded in one or more documents, letters, telegrams exchanged by the expediter and the client.