Krovinio gavėjo teisinė padėtis

Abstract

The article deals with the legal position of a cargo recipient as one of the actors of the transport legal relations considering the legal control of the cargo shipment agreement as the basis for the burden of shipment. The concept of this agreement is presented in Part 1 of clause 6.808 of the Civil Code of the Republic of Lithuania. Its analysis reveals that there could be three parties of this agreement as the legal position of the cargo sender and the carrier are one way or another presented in the legal resources, but the legal position of the recipient of the cargo has not been given due attention yet. This problem has been mentioned by D. Ambrasiene in her publication “The Legal Regulation of International Road Transportation” but so far it has not been sufficiently researched. In my opinion, the peculiarities of the legal rights of a cargo recipient determine the special position of the cargo shipment agreement among other civil agreements. The article deals with the main current attitudes towards the cargo shipment agreements in the legal literature, which differ in the definitions of the relations between the cargo sender and the carrier on the one hand and the cargo recipient on the other hand., i.e.
1) The cargo shipment is an agreement on behalf of the third party;
2) The agreement of the delivery of the performance to the third part;
3) The specific agreement, where the recipient of the cargo is an independent subject;
4) The cargo recipient and its sender make one part;
5) That is a three-party agreement, where every part has its own rights and duties;
6) The cargo sender is the agent of the cargo recipient and acts on his behalf.
In my opinion, the cargo shipment agreement is a threeparty (or multilateral) agreement and the cargo recipient joins it not just at the moment of accepting the way-bill but from the start of the conclusive actions, by which he confirms his agreement to accept the duties of the cargo recipient and exercise his rights.
In the article I analyse the chain of the legal relations among the cargo sender, carrier and recipient. The conclusive actions, which confirm the commitment of the person to accept the rights and duties of a cargo recipient, have to be passed by him to the shipment carrier and only then he becomes a party of the cargo shipment agreement. The part 1 of the clause 6.808 of the Code of the Civil Law of the Republic of Lithuania stating that either the sender or the recipient has to pay for the cargo shipment proves that the recipient of the cargo is one of the parties of the shipment agreement. The main conclusions in this study were based on the analysis of the regulations and acts of the Code of Civil Law of the Republic of Lithuania, controlling the legal relations of transportation.