Legal constructions of obligations for the transboundary maritime transport of dangerous goods: institutional foundations of formation

Abstract

The article summarizes the procedure for the formation of contractual relations in the conditions of cross-border maritime transport of dangerous goods. The conclusion is made about the determining value of permissive, as well as notification norms, provisions on preventive measures. In this regard, the mechanism of legal regulation is considered as a variety of complex social and legal institutions designed to overcome the gaps and contradictions of legal regulation. It is noted how important the principles of legality and justice, which are characteristic of each individual institution of law, become when concluding a contract. They are studied as a manifestation of various aspects of civil liability, mandatory prohibitions, as well as the resulting retribution. It is emphasized whether the participants in legal relations should then turn to the conflict-of-laws institution of autonomy of the will of the parties, or whether it is nothing more than an alternative to other attachment formulas, moderately flexible and absolutely predictable. The author highlights the legal properties of the connection between the ship and the flag that it carries, which are crucial for a number of transactions: on the disposal of movable and immovable property, the provision of possessory protection. The author outlines the differences between the public and private interests of economic entities when registering a ship, determines which legal decisions, legal facts named in the law, allow to strengthen the scope of the property and obligation statute in legal relations.