Naslov
Peculiarities of the Forwarding Contract

Autori
Brnabić, Ratko ; Ivančev, Mario

Izvornik
Economic and Social Development, 16th International Scientific Conference on Economic and Social Development – “Legal Challenges of Modern World” (1849-7535) 2 (2016), 16; 131-142

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Forwarding contract, Duties and liabilities of the Parties, Carriage of Goods.

Sažetak
Business of forwarding is a specialized economic activity connected with transport of goods. It should provide better and more professional protection of interests of its customers. Legal relations and international traffic are becoming more and more complex as it is not reasonable to suppose that the users of transport can deal with the mentioned challenges alone. That is why they use the services of professionals. On the other hand, the process of integration of different means of transport may lead to subordinate economic position of the customers so we need a person who has special knowledge and experience in this area: a forwarding agent. The forwarding agent has a better position towards the carriers since he disposes with large quantities of cargo and can negotiate lower prices of transport and other connected services. The user of this service alone does not have such negotiation power. These advantages are expressed not only in cheaper transport, but often in a faster and safer form of transport for cargo customers. It becomes clear that economic benefits lead to the more frequent engagement of forwarding agents. Services of forwarding agents are extremely diverse and heterogeneous at first glance, but ultimately they represent a unity of interests of users in the field of transport. Forwarding agent primarily protects the economic and legal interests of the customers and employs the methods and means of transport that are the best and of the highest quality. The basic purpose of the forwarding contract is the organization of transportation and not a direct implementation of particular services during its realization. For the purpose of carrying out certain services and forwarding agent enters into contracts with a number of specialized organizations. In the first instance it is a contract of carriage with a carrier, but it can be a number of other contracts with other forwarding agents, contract of storage, contracts with brokers, control of cargo, insurance etc. In principle, forwarding agent must perform these tasks with the care of an expert / professional as it is the case of the enhanced professional liability. Forwarding agent could sometimes ignore the interests of his customer and therefore the Law provide for special conditions to be met by forwarding agent to be able to operate. The aim of this article is to explain legal positions of all the parties and to provide answers about some open issues on liability of the forwarding agents.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA