Basic constructions of freight forwarding agreements

Abstract

According to the International Federation of Freight Forwarders Associations (FIATA))[1] about 80% of different kinds of international carriages implements by the freight forwarders [2].

The freight forwarder being in the centre of transportation processes with different participants of organizational, technological and legal relationships is considered as architect in the field of international trade. Relationships with each of them, on different stages for the implementations of different tasks are based on particular agreements[3].

Transport forwarding implements on the basis of the agreement between costumer and forwarder, the agreement to bring into compliance with certain logistical scheme, defines the primary goal of forwarding – delivery a cargo to addressee timely, without any or damage.

Development of the modern multimodal[4] (mixed) freight forwarding as “freight door to door”, influenced on the forwarder’s position and his role in the freight forwarding processes. If at the beginning they were organizers of transport forwarding process, so for now just the performers. In result we have a legal content in which a forwarder becomes similar to the carrier[5]. In the conditions of this kind of rapprochement becomes difficult to define a responsibility of forwarder from a responsibility of carrier.

On the basis of generalization, comparison and analysis, in this work have presented an adopted in international practice, the specifies of the regulation of transport forwarding agreements, within two of forwarding agreements constructions.

Consideration of the issue in this way is unordinary for Georgian civil law. It is a way how to improve the regulations in the field of transport forwarding agreements settled in international practice.

* Magister of Law, Doctoral student of the law school of Grigol Robakidze University.

[1] FIATA – International Federation of Freight Forwarders Associations, Created on May 13,  1926 By the sexteen of European national and regiaonal associations    for now FIATA members 5000 forwarding entities and unifies different forwarding associations of 150 countries, <https://fiata.com/about-fiata.html>, [25.01.18]. “Georgian freight forwarding association“  is member of the FIATA since October of 1, 1997.

[2] Горовая  К., Селивонов М., Ответсвенность экспедитора при маждународной перевозке  автомобильным транспортом,  2016, <http://interlegal.com.ua/ru/publikacii/otvetstvennost_jekspeditora_pri_mejdunarodnoj_perevozke_gruzov_avtomobilnym_transportom/>,

 [20.12.2017].

[3] Холопов К. В., Экспедиторские Документы ФИАТА в Международной и Внешней Торговле,  Журнал  “Российский Внешнеэкономический Вестник”, 1- 2014, 50, 51.

[4] UN  Economic  Commission For   Europe Trade Facilitation Terms: An English-Russian Glossary, 2011 137. according with art.  571 multimodal transportations are transportations with two kinds of transports at the same time in one system of service, from shipping to delivery

[5]  Chebotarenko А. V.,  Lebedev  V. P., Freight Forwarder as a Carrier and Professional Intermediary, Informational & Business Journal Capital Express, 02- 2010,,  148.