Common carrier

The carrier ( in Austria: Freighter ) is an independent businessman a commercial entrepreneur who on the basis of a contract of carriage obliged to carry out a transport by rail, road, sea, air, inland waterways or a combination of these modes of transport.

Definitions

The Commercial Code (DE: § 437 HGB, § 442 HGB) distinguishes the carrier, the actual carrier and the subsequent carrier. These jointly and severally liable for the execution of the " transport services " (§ 442 para 1 sentence 2 HGB)

While the freight forwarder in the classical sense organized by definition only the transport (§ § 453 et seq ), is actually in its own name but often also to the carrier and then enters himself as executive transports by ( § 458 HGB). In contrast, a logistician is usually not a carrier, but takes commercial law only a function of the broker or intermediary.

In aviation, the carrier Carrier is called.

Also special rules apply to rail transport.

A special feature is for shipping. Maritime shipping companies are not referred to as carrier, but are known shipper. By derogation from the other modes of transport applicable to the maritime trade regulations in Germany in the fifth book of the HGB maritime law - governed. Legal representative of the shipowner is, for example, the captain.