Tarasenko Yuriy A. - candidate of Law, senior lecturer of the department "Civil law, International private law and Civil procedure", Law Institute, Russian University of Transport (MIIT)
Abstract. Until the beginning of the XVIII century, the problems connected with carriage of goods were solved by the customary law, or were fragmentary mentioned in some treaties of North-West Russia with the Hanseatic League. Naval Charter (the Charter of single-stickers) adopted in 1720 began nationwide legal regulation of the activities of sea-carriers and traders-owners of cargo. It was the first time when the rights and obligations of the parties were determined, the issues of distribution of responsibility for cargo loss or damage during transportation were regulated. The paper attempts to provide legal qualification of the contract between the carrier and the owner of the goods, to determine its essential conditions. The conducted analysis of the Charter provisions allows us to conclude that the matter of the agreement was not only cargo shipping. The treaty was of a mixed character; the duty of the carrier was not only to carry out the transportation, but also to load the goods. But the most important thing is that since the introduction of the Naval Charter (Charter of single-stickers) Russia has made a transition to the carriers’ professional responsibility in carrying out their cargo shipping activities.
Keywords: single-stickers; carrier; owner; goods; Charter; transportation treaty; force major circumstances (force majeure); voucher.
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