ПРОБЛЕМЫ, СВЯЗАННЫЕ С ПОНЯТИЕМ ДОГОВОРА МОРСКОЙ ПЕРЕВОЗКИ ГРУЗА

Abstract

This article is dedicated to the memory of Doctor of Law, professor Makovskiy A.L. under whose guidance the author prepared her thesis for Ph.D in Law. The author recollects years of work in the Division of international private, Soviet and foreign maritime law of the institute “Soyuzmorniiproekt”, which was governed by A.L. Makovskiy and outlines the achievements of Alexander Lvovich in the area of maritime law. The article addresses issues regarding the notion of a contract of carriage of cargo by sea, which up to the present moment give rise to discussions in legal community. Distinctive features of two types of contracts of carriage of cargo by sea are pointed out: charter contract made as a general rule in case of tramping and contract of carriage of cargo by sea in line traffic under a bill of lading. The author distinguishes legal relations in case of carriage of cargo by sea from legal relations in case of freight of a sea vessel demonstrating their different legal nature. Attention is paid to the fact that the contract of carriage of cargo by sea corresponds to Chapter 40 of the Civil Code of the Russian Federation “Carriage” and the contract of freight of a vessel for a certain time (time-charter) and a contract of freight of a vessel without a crew (bareboat charter) correspond to Chapter 34 of the Civil Code of the Russian Federation “Lease”. Based on judicial and arbitration practice the article shows the difficulties of perception of Article 787 of the Civil Code of the Russian Federation “The Contract of Freight” and points out the need for changing its contents.