ECONOMIC AND LEGAL PRINCIPLES OF FORWARDING COMPANIES AS CARGO AGENTS


  • O.M. Kotlubay
  • O.A. Lypynska
Keywords: freight forwarding enterprise, forwarding agent, forwarding agent, agent, principal

Abstract

The article deals with the peculiarities of the activity enterprises of transport-forwarding, which are in the legal field as the principal of the principal. Examples are given when the forwarding-agent delegates his responsibilities to the subagent, then the specifics of distributing responsibility between the agents. The rationale will be for the need to consolidate forwarding agents into multinational organizations that operate in different countries and assume responsibility for a separate company in its composition. Questions are raised about the economic-legal relations between the forwarding agent and the principal, as the consumer of his services. And also it is considered on real examples of the occurrence of force majeure circumstances and their consequences. It is substantiated that the duty to comply with the client's instructions stems from the very nature of the relationship between the manager (client) and the agent, but there is a principle that the agent cannot be accused of having acted improperly if his interpretation of the ambiguous instruction was reasonable provided Such actions. Examples of extraordinary approaches to realization of relations between a client and an agent-forwarding agent in the system of the general law and examples of court opinions on the resolution of controversial issues are given.

Author Biographies

O.M. Kotlubay

Dr.Sc. (Economics), Prof.
Deputy Director for Research
Institute Of Market Problems And Economic&Ecological Research of the
National Academy Of Sciences Of Ukraine
Frantsuzskiy Boulevard, 29, Odessa, Ukraine

O.A. Lypynska

Dr.Sc. (Economics), SR
Leading Researcher
Institute Of Market Problems And Economic&Ecological Research of the
National Academy Of Sciences Of Ukraine
Frantsuzskiy Boulevard, 29, Odessa, Ukraine

References

1. Canadian Encyclopedic Digest, Western : a Complete Statement of the Federal Laws of Canada and the Provincial Laws of Alberta (1998), British Columbia, Manitoba and Saskatchewan as Derived from the Cases and Statutes, Vol. 11, Part 3 Robert W. Miller, Robert W. Miller (LL.B.) Carswell Co., 347 p [in English].
2. Kotlubay O.M. Ekonomichni mehanizmy rozvytku torgovelnogo moreplavannya v Ukraine [Economic mechanisms of maritime trade in Ukraine], Odessa: IPMEER, 2004, 453 p [in Ukrainian].
3. FIATA Legal Handbook on Forwarding (1991), Peter Jones, International Federation of Freight Forwarders Associations , Blais, 178p [in English].
4. Ekspeditorskie dokumenty FIATA [Forwarding documents FIATA], Association of International Forwarders "BAME", Electronne Vidanna [access mode]: http://baifby.com/page/39 [in Russian].
5. Jan Ramberg The Law of Transport Operators in International Trade (2005) Norstedts Juridik, 293p [in English].
Published
2017-04-24
How to Cite
Kotlubay, O., & Lypynska, O. (2017). ECONOMIC AND LEGAL PRINCIPLES OF FORWARDING COMPANIES AS CARGO AGENTS. Economic Innovations, 19(1(63), 103-109. https://doi.org/https://doi.org/10.31520/ei.2017.19.1(63).103-109