Статья

Konstantin N. Kolodyazhny. The legal nature of a railway freight contract

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Konstantin N. Kolodyazhny - post graduate of the Law Institute of the Russian University of Transport


Abstract. The railway freight contract has many legal features that must be taken into account when signing such a contract. In order to correctly interpret these features, it is necessary to be familiar with the theoretical provisions of the legal nature of contracts of this category, which served as the rationale for the necessity to write this paper, the purpose of which is to consider the basics of the regulatory documents used in the preparation, signing and subsequent implementation of the railway freight contract. Railway cargo transportation has always been and remains the most demanded service, as it expands the range of transactions. The study of the legal regulation of railway transportation of goods, according to the author of the paper, is important, since they are used to improve and optimize the transportation itself, as well as to ensure the integral, efficient, safe and high-quality functioning of railway transport. The Civil Code of the Russian Federation is fundamental in matters of acceptance, transportation of goods by using railway rolling stock, as well as the final transfer of goods to the receiver of the goods in a fixed period. The activities of railway transport are carried out under constant monitoring, implemented in accordance with the provisions of the Charter of Railway Transport of the Russian Federation. This was the basis for the selection of these regulatory legal documents when determining the legal nature of the railway freight contract. The results of the current study can serve as a basis for further research on this issue.


Keywords: railway transportation; regulation of transportation; transportation; cargo; contract terms.


References:

  1. Grazhdanskoye pravo Rossii. Obyazatel'stvennoye pravo [Civil law of Russia. Law of Obligations]: kurs lektsiy / M. I. Braginskiy, N. I. Kleyn, T. L. Levshina [i dr.] ; pod obshchey redaktsiyey O. N. Sadikova. ― Moskva : Yurist", 2004.
  2. Vitryanskiy, V. V. Sushchestvennyye usloviya dogovora [Essential terms of the contract]// Khozyaystvo i pravo. ― 2018. ― № 7. ― S. 3—12.
  3. Gruzdev, V. V. Sostav i sushchestvo dogovornykh obyazatel'stv storon [Composition and essence of contractual obligations of the parties] // Khozyaystvo i pravo. ― 2019. ― № 7. ― S. 92―94.
  4. Khaskel'berg, B. L. Konsensual'nyye i real'nyye dogovory v grazhdanskom prave [Consensual and real contracts in civil law]: monografiya / B. L. Khaskel'berg, V. V. Rovnyy. ― 2-ye izd. — Moskva : Statut, 2004.

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