Contract of carriage

A contract of carriage ( in law and practice synonymously also called contract of carriage ) is a special contract of carriage for the transport of goods or goods.

International frameworks

The International Bill of Rights following international treaties have been concluded, the arrangements for the Member States and the acting in these Member States freight contractors are most compelling:

• The International Covenant on contracts of carriage by Road (CMR ) for the international road haulage,
• The Convention concerning International Carriage by Rail ( COTIF) with the Appendix B " Uniform Rules concerning the Contract for International Carriage of goods - CIM "
• The Warsaw Convention (WA) and the Montreal Convention (MC ) for the air cargo transport, as well as
• The Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI ).

National regulations

Germany

In Germany, a contract of carriage is a contract type of commercial law. Right Systematically he belongs to the transport law.

By the contract of carriage, the carrier shall undertake to carry him over a specified by the sender, freight forwarder or a preceding carrier freight paid ( freight) to the user's specific sender receiver. The legal relationship between the sender and the carrier is in the Commercial Code (HGB) in § § 407 et seq regulated in detail.

For international freight traffic, the Federal Republic of Germany has ratified the international treaties mentioned above, which - unless applicable here - the displace in detail the provisions of the Commercial Code in many areas.

The contract of carriage is from the forwarding contract (§ § 453 et seq ) to distinguish. The carrier is required to transport the cargo; the freight forwarder is generally only for procurement of transportation. The errand is usually that of the consignor contracted with a shipping order forwarder in turn instruct one or more subsequent carriers to the actual contract of carriage to transport the cargo. In the relationship between the customer and haulier no contract of carriage but an agency agreement therefore (§ 675 BGB).

The contract of carriage is concluded by consensus, meaning that the matching agreement between the parties within the meaning of § § 145 ff BGB ( offer and acceptance ) is sufficient. One particular form not need it ( form required). The exhibition of a waybill is required at the request of the carrier; However, an exhibition obligation from the outset does not exist.

The consignment agreement is a consensual and no real contract (see previous explanation ), ie, it requires no physical transfer of good and Waybill (so-called Realakt ) to cause the obligation transaction ( hedged ). The acquisition of the goods and, if necessary, of a waybill are already part of the contract.

Because of the variety of possible situations and the applicable regulations, the transport law is one of the more difficult areas of law that are completely dominated by specialists. Essays and case law Transport law will be published in a separate journal called Transport Law ( TranspR ).

Austria

For Austria are contracts of carriage with a motor vehicle under the Federal Law on the commercial transportation of goods in motor vehicles ( freight Act 1995 - GütbefG ) ( as amended by Federal Law Gazette I akturell No 153/ 2006. ) Regulated. In national and international freight transport, the general terms and conditions apply to transporters ( AGT).

See also

• Contract of Carriage
• Transport Law
• Shipping