Disponavimo gabenamu kroviniu mechanizmas ir disponavimo kroviniu teisės perėjimo probleminiai aspektai

Abstract

In this article the author analyses international and national legislation regulating cargo transportation, in particular, the right to dispose of the goods transported and its passing from the cargo consigner to the consignee, as well as the cases of return of the right to dispose of the goods to the cargo consignor:
The legislation that regulates the dynamics of fulfilment of cargo transportation agreements in different transport branches and the mechanism of acquisition of the right to dispose of the goods in transit and especially the mechanism of carrying out of this right can be considered similar only in very general terms.
On the basis of performed research and analysis of legal regulation effective in different transport law branches in the international and national law, the author determined distinct differences and drew attention to incomprehensive legal regulation created by the national law.
According to the effective legal regulation, with the exception of cargo transported by sea, when a consignment is issued, the right to dispose of the goods in transit usually is enjoyed by the person who has concluded the cargo transportation agreement, i.e. the cargo consignor.
It is within the exclusive discretion of the consignor to grant the right to dispose of the goods to the consignee from the moment of execution of the waybill. The consignor and consignee must agree on granting of such right to the consignee and record such agreement in a waybill or any other cargo transportation document. In the absence of such agreement or its record in a waybill, the cargo consignee acquires no rights to dispose of the goods transported until the moment of cargo delivery to the place of destination.
Legal acts that regulate the passing of the right to dispose of goods to the consignee from the moment of drawing of waybill, the mechanism of exercising of this right requires completion of certain formalities. However, in practice these actions may not be taken by the cargo consignee without the will and active actions of the consignor. Therefore, the exercise of the right to dispose of goods held by the consignee depends on the cargo consignor’s will.
Pursuant to the effective legal regulation, the cargo consignee acquires the right to dispose of the goods from the moment of cargo delivery to the place, station, airport or port of destination. Upon starting exercising the right to dispose of the goods by the consignee, the consignor loses this right conditionally, provided that if the consignee refuses to accept the cargo, this right returns to the cargo consignor according to the effective legal regulation.
The right to dispose of the goods in transit held by the cargo consignor is finally and irrevocably lost when the cargo consignee accepts the cargo and exercises its right to dispose of the goods transported or in case of “fictitious” loss of the cargo, the consignee on his own behalf submits a claim for damage to the carrier.