Правовое положение шрузополучателя по договору воздушной перевозки груза

• Main Author: Выгодянский А. В.
• Format: Report
• Language: unknown
• Published: Актуальные проблемы российского права 2011
• Subjects: ВОЗДУШНАЯ ПЕРЕВОЗКА; ПРАВОВОЕ ПОЛОЖЕНИЕ; ДОГОВОР ПЕРЕВОЗКИ ГРУЗА; ГРУЗООТПРАВИТЕЛЬ; ГРУЗОПОЛУЧАТЕЛЬ; ПЕРЕВОЗЧИК; Перевозчик
• Online Access: https://dx.doi.org/10.24412/fdqym4-rxxa; https://cyberleninka.ru/article/n/pravovoe-polozhenie-shruzopoluchatelya-po-dogovoru-vozdushnoy-perevozki-gruza

The article is devoted to the analysis of various approaches to the definition of a consignees legal status under an air shipment contract which have been suggested since the 1960s-1980s discussion till the present time. According to one of the viewpoints the given contract is considered bilateral. The consignor and the carrier are the parties to the contract, while the consignee is in the role of the third party with the contract being carried out for the benefit of the latter Proponents of this point of view consider the contract bilateral taking into account the fact that the consignee does not participate in either drawing the contract terms up or signing the contract but learn about the concluded contract from the carriers notice of cargo delivery to the address of the consignee. Those maintaining the opposite point of view qualify the contract as a trilateral one and consider the consignor, carrier and consignee full parties to the contract. According to them the Civil Code of the Russian Federation regulations determining a consignees legal status make it possible to set up under the contract only the rights for the third party, while a consignee is a party to not only rights but also certain obligations under the shipment contract. The author being an advocate of the second point of view presents the authors model of a trilateral contract of air cargo shipment as well as offers his own definition of such a contract which fixes certain obligations of a consignee.