Chapter 41 of the Civil Code of the Republic of Belarus
Transport forwarding activity Act 124- of the Republic of Belarus
dated 13.06.2006 Rules of transport forwarding activity in the
Republic of Belarus (ratified by the Resolution 1766 of the Council
of the Ministry of the Republic of Belarus on 30 December 2006
Transport forwarding activity: national
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Classification of transport agreements Main transport
agreements agreement to carry cargo is the agreement under which a
transport operator undertakes to deliver the cargo entrusted to him
by the sender to the point of destination and give it to the
authorised person to receive the cargo (receiver), whilst the
sender undertakes to pay the fixed remuneration for the transport
of the cargo. is the agreement under which one side (consignor)
undertakes to deliver to the other side (consignee) all or part of
the capacity of one or several transport vehicles in one or several
journeys for the transport of goods, passengers and luggage.
agreement for freightage is the agreement under which a transport
operator undertakes to carry passengers to the point of destination
and, in case a passenger has luggage, to also deliver the luggage
to the point of destination and give it to the authorised person to
receive the luggage; the passenger undertakes to pay for the fixed
fee for transport and, if there is luggage, to pay for it also.
agreement to carry passengers
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Adjacent transport agreements contract of freight forwarding is
a contract under which one party (freight forwarder) assures that
he will cover the fees of the other party (the client the consignor
or consignee) to provide or arrange for provision of certain
contract expedition services related to shipping is a contract
under which the carrier undertakes to accept the cargo for
transport, and the cargo owner to present the cargo for transport,
within the fixed deadlines and in specified volumes volume contract
is a contract under which one party (agent) undertakes to take
legal actions in the field of transport as a permanent
representative of the other party (the carrier) within a certain
territory transport agency service agreement Classification of
transport agreements
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Written form Methods: drafting a document signed by the
parties; conclusion of the contract through exchange of written
communications; issuance of the transport document
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forwarder contracting carrier representative
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Liability of the consignor The amount of liability is
determined by the losses of the carrier Grounds: failure to provide
the carrier with information necessary for the transport operation
failure to pay for carrier services
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Liability of the consignee The amount of liability is
determined by the losses of the carrier Grounds : Non-respect of
the deadlines for processing of the vehicle upon unloading failure
to pay for carrier services
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Liability of the client Grounds: failure to provide the
forwarder with information necessary for forwarding services
failure to pay for forwarding services The amount of liability is
determined by the losses of the forwarder
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Liability of the carrier For the carriage with declared value
of goods, the liability of the carrier is limited to the declared
value. For the carriage without declaring the cargo value, the
liability of the carrier is determined based on the cost of goods
at the place of departure, but can not exceed a certain cost limit.
The limits of liability of the carrier for delay in delivery, are
usually "tied" to the cost of transportation (freight). Amount:
Grounds: loss, shortage or damage of the cargo delay in
delivery
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Liability of the forwarder Depending on the status, the amount
of freight forwarder's liability is determined : by the losses of
the client; by the rules applicable to the liability of the carrier
or Amount: Grounds: unfaithful fulfilment of the contract of
freight forwarding loss, shortage or damage of the cargo delay in
delivery Liability of the transport agent Grounds: unfaithful
fulfilment of the contract of transport agent The amount of
liability is determined by the losses of the principal
(carrier)