| Abstract [eng] |
Rapid increase and development of freight forwarding, as economic – commercial activity, influences the necessity to secure the sufficient regulation and convenient explanation of this activity and social relationships based on the activity. Moreover, in practice the large extent of factual actions which might form freight forwarding activity often causes some issues in the process of qualifying juridical international relations and deciding about the extent of their rights, duties and responsibilities. Consequently, this paper aims to investigate the freight forwarding contract institute in the Lithuanian Contract Law. The research is based on an identification of freight forwarding contract, its content and qualificatory features that are considered in order to reveal the freight forwarding contact’s relation with the other related facility contracts. Freight forwarding activity is characterised as national regulation which is arranged by common recommendatory rules of freight forwarding enacted by the associations of freight forwarders. Freight Forwarding Contract of Lithuanian Republic is independent civil contract which is firmed in the Civil Code of the Republic of Lithuania. The essential freight forwarding contract condition, contract matter, is the unit of actions directly related with the transportation of freight and it aims to secure proper freight transportation. The complex assessment of factual and juridical actions, which forms the matter of freight forwarding contracts, and an establishment of the aim of the contract (to secure freight transportation) distinguishes the freight forwarding contract from the other related contracts of facilities. The paper describes several cases when the freight forwarding contract is subsidiary to the application of the rules of law that regulates mandate, commission contracts. Also, the study shows the cases of freight forwarding contact evaluation as a composite civil contract. |
