The contract for the transport of property is one of the common civil contracts, commonly used today. This type of contract also has common characteristics like many other types of contract, the main difference lies in the object of this contract which is movable property. In the following article, TNTP will analyze some basic content about this contract.
I. The concept of the property transportation contract
Article 530 of the Civil Code 2015 stipulates that a contract for the transportation of property is an agreement between the parties, whereby the carrier has the obligation to transport property to an agreed destination and to deliver it to the authorized recipient, and the charterer has the obligation to pay the freight charges.
From the above concept, it can be seen that the property transportation contract also has the characteristics of other common civil contracts which are the voluntary, free, and equal participation of the parties in establishing a civil transaction.
II. Legal characteristics of the transport of property contract
First, the property transportation contract has an object of work, specifically, the transportation of goods. The parties aim to perform activities related to the property, not directly focusing on the transported property. Accordingly, the parties aim at the purpose of “deliver the property to the designated location”, or in other words, the work of moving the property from one location to another as requested by the client. Additionally, since it is a service-oriented work, the standards and quality of the service provided often do not have specific measurements. Typically, the value of the work will be calculated based on the property, distance, and type of vehicle.
Second, the property transportation contract is bilateral and compensatory. Both parties in the contract, including the carrier and the charterer, have corresponding obligations. Accordingly, the carrier has the obligation to transport the property to the agreed-upon location and properly handle the property according to the instructions. The charterer has the obligation to pay the freight charges and receive the property or designate a third party to receive the property within the agreed-upon timeframe and location. The freight charges paid by the charterer to the carrier constitute the amount that the carrier is compensated for when performing the transportation work.
Third, the property transportation contract is a contract that does not increase the quantity or alter the nature of the transported property. It does not change the ownership rights of the property but only changes the location of the property. Therefore, the property transportation contract can be understood as a type of service contract, where the object of the contract is the activity of transporting goods from one location to another.
Fourth, about the subject of the contract: the property transportation contract is entered into between the carrier and the charterer or called the consignor. The carrier is understood as the person who personally or authorizes another person to enter into a transportation contract with the charterer. Thus, the carrier may perform all or part of the property transportation, or delegate the task to another person who is then referred to as the actual carrier.
The charterer is the person who personally or authorizes another person to enter into a property transportation contract with the carrier. In the case of a transportation contract based on transport documents, the person who hires the carriage is called the consignor. In different types of transportation contracts, the charterer is identified with different names. These entities can themselves or authorize others to perform the delivery obligation and have the right to receive the goods.
III. The form of the transport of property contract
According to the provisions of Article 531 of the Civil Code 2015, the property transportation contract may be entered into orally or in writing or a specific act. In addition, the Civil Code 2015 further stipulates a type of document that is considered evidence of entering into a contract between the parties, which is the “bill of lading” or “transportation document”, specifically: “A bill of lading or equivalent source document of transport shall be evidence of the entering into of a contract by the parties.”
However, for specific types of the property transportation contract, this form of contract must comply with specialized laws, which can include the following two examples:
The contract for the carriage of goods by sea is governed by the Maritime Code 2015. Accordingly, the bill of lading contract shall be concluded in the form agreed upon between parties; the voyage charter-party must be concluded in writing. Bill of lading contract refers to a contract for carriage of goods by sea concluded to include terms and conditions whereby the carrier is not bound to provide the whole or a specified part of a ship for the shipper but relies on the nature, quantity, size or weight of goods for carriage purposes. Voyage charter-party refers to a contract for carriage of goods by sea concluded to include terms and conditions whereby the carrier is bound to provide the whole or a specified part of a ship for the shipper with the purpose to carry goods on a voyage.
The form of a contract for the carriage of goods by air is the air waybill or the cargo receipt. These documents are considered the first evidence of the conclusion of the contract for the carriage of goods by air, the acceptance of the goods for carriage and the conditions of carriage. According to this content, Clause 1, Article 129 of the Law on Civil Aviation of Vietnam 2006 stipulates: “Air waybill is a document of cargo carriage by air and constitutes evidence of the conclusion of the contract, the receipt of the cargo and the acceptance of the conditions stated in the contract.”
Above is the content of the article “Contracts For The Transport Of Property: Basic Content You Need To Know” that TNTP sent to readers. If there is any problem that needs support, please contact TNTP for the best support.
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