The subject of the contract of international mixed cargo transportation

Abstract

The object of transportation is a key element in transportation relationships and constitutes an essential condition of the mixed transportation contract. The issue of the transportation object impacts whether transportation legal relations will arise at all and when they are considered to have started and finished. Specifically, it was concluded that certain categories of objects, such as deceased persons, cannot be considered cargo in international mixed transportation (i.e., they do not form respective legal relations) and have their separate legal regulation. The transportation object can be classified according to various criteria, including the type of product, physical state, presence of packaging, method of loading and unloading, specific properties (including the hazard class), weight, and dimensions, etc. Specific properties, such as the characterization of "live cargo," can significantly affect the order and possibility of the respective transportation as a whole. Of particular importance for the objects of mixed transportation is the cargo units (containers, trailers, barrels etc.), which essentially acts as the subject of the respective transportation. Based on this (in particular, the use of approaches that avoid reloading), mixed transportation can be classified into multimodal, intermodal, and combined. The specifics of mixed transportation objects require a detailed analysis of their status in each jurisdiction through which the transport route passes. The harmonization of national legislative acts with international standards is an important direction for ensuring legal certainty and avoiding conflicts in legal regulation in the field of mixed transportation. This will ultimately contribute to both improving the economic condition and meeting intangible social needs.