Статья

Yuriy Al. Tarasenko. The beginning of legal regulation of transportation in Russia

UDK: 347.463


Yuriy Al. Tarasenko - Candidate of Law, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport


Abstract. The relations on the cargo (goods) transportation originated in ancient Russia. However, the transportation of this period was characterized by the fact that the owner of the cargo was at the same time the carrier. As a result, the rules governing transportation as a separate type of obligation were not formed. This situation was maintained throughout the entire specific period of Russia (XII ― XIV centuries) and the Moscow centralized state (XV ― XVII centuries). At that time the norms of the law did not concern transportation issues. For the first time, legal regulation of transportation, as a relationship between the owner of the cargo and the owner of the ship, appeared in the 18th century. Having no domestic origins, the normative regulation of transportation was entirely borrowed from abroad. The model for Russian acts in the field of transportation was at first the norms of Dutch and partly German legislation, and later French. This situation continued until the first half of the 19th century, when the Commercial Charter was adopted, which contained the starting points of transportation and the charters of the first companies engaged in transportation.


Keywords: transportation of goods; transportation contract; Evers Charter; Merchant Shipping Charter; transport; lighters; carrier’s responsibility.


References:

  1. Pamyatniki russkogo prava [Monuments of Russian law]. ― Vypusk VI. ― Moskva, 1957.
  2. Tarasenko, YU. A. Istoriya dogmatiki torgovogo prava [History of trade law dogmatics] / YU. A. Tarasenko. ― Moskva : Izdatel'stvo Yurayt, 2020.

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