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Chapter 41 of the Civil Code of the Republic of Belarus «Transport forwarding activity» Act № 124-З of the Republic of Belarus dated 13.06.2006 Rules.

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Presentation on theme: "Chapter 41 of the Civil Code of the Republic of Belarus «Transport forwarding activity» Act № 124-З of the Republic of Belarus dated 13.06.2006 Rules."— Presentation transcript:

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4 Chapter 41 of the Civil Code of the Republic of Belarus «Transport forwarding activity» Act № 124-З of the Republic of Belarus dated Rules of transport forwarding activity in the Republic of Belarus (ratified by the Resolution № 1766 of the Council of the Ministry of the Republic of Belarus on 30 December 2006 Transport forwarding activity: national

5 Classification of transport agreements Main transport agreements agreement to carry cargo is the agreement under which a transport operator undertakes to deliver the cargo entrusted to him by the sender to the point of destination and give it to the authorised person to receive the cargo (receiver), whilst the sender undertakes to pay the fixed remuneration for the transport of the cargo. is the agreement under which one side (consignor) undertakes to deliver to the other side (consignee) all or part of the capacity of one or several transport vehicles in one or several journeys for the transport of goods, passengers and luggage. agreement for freightage is the agreement under which a transport operator undertakes to carry passengers to the point of destination and, in case a passenger has luggage, to also deliver the luggage to the point of destination and give it to the authorised person to receive the luggage; the passenger undertakes to pay for the fixed fee for transport and, if there is luggage, to pay for it also. agreement to carry passengers

6 Adjacent transport agreements contract of freight forwarding is a contract under which one party (freight forwarder) assures that he will cover the fees of the other party (the client – the consignor or consignee) to provide or arrange for provision of certain contract expedition services related to shipping is a contract under which the carrier undertakes to accept the cargo for transport, and the cargo owner – to present the cargo for transport, within the fixed deadlines and in specified volumes volume contract is a contract under which one party (agent) undertakes to take legal actions in the field of transport as a permanent representative of the other party (the carrier) within a certain territory transport agency service agreement Classification of transport agreements

7 Written form Methods: drafting a document signed by the parties; conclusion of the contract through exchange of written communications; issuance of the transport document

8 forwarder contracting carrier representative

9 Liability of the consignor The amount of liability is determined by the losses of the carrier Grounds:  failure to provide the carrier with information necessary for the transport operation  failure to pay for carrier services

10 Liability of the consignee The amount of liability is determined by the losses of the carrier Grounds :  Non-respect of the deadlines for processing of the vehicle upon unloading  failure to pay for carrier services

11 Liability of the client Grounds:  failure to provide the forwarder with information necessary for forwarding services  failure to pay for forwarding services The amount of liability is determined by the losses of the forwarder

12 Liability of the carrier  For the carriage with declared value of goods, the liability of the carrier is limited to the declared value.  For the carriage without declaring the cargo value, the liability of the carrier is determined based on the cost of goods at the place of departure, but can not exceed a certain cost limit.  The limits of liability of the carrier for delay in delivery, are usually "tied" to the cost of transportation (freight). Amount: Grounds:  loss, shortage or damage of the cargo  delay in delivery

13 Liability of the forwarder Depending on the status, the amount of freight forwarder's liability is determined :  by the losses of the client;  by the rules applicable to the liability of the carrier or Amount: Grounds:  unfaithful fulfilment of the contract of freight forwarding  loss, shortage or damage of the cargo  delay in delivery Liability of the transport agent Grounds:  unfaithful fulfilment of the contract of transport agent The amount of liability is determined by the losses of the principal (carrier)


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