Carrier

from Wikipedia, the free encyclopedia

The carrier (in Austria : freighters ) is a self-employed businessman , a professional contractor , who is due to a transport contract committed a transport by rail ( rail freight ), the road ( freight ), sea ( sea ), (in the air cargo ), on inland waterways or a combination of these modes of transport .

Definitions

The Austrian company code (§ 425 UGB) describes the carrier as follows: "A carrier is whoever undertakes the transport of goods on land or on rivers or other inland waters." The carrier thus carries out the physical transport of goods.

A carrier can pass the transport request on to another carrier. The original carrier becomes the contractual carrier towards the sender or customer and the new carrier becomes the subsequent carrier ( Section 442 UGB).

The forwarder While in the classical sense only organized the transport, by definition, but in fact often in its own name and for carriers and occurs even as executive transports. In contrast, a logistician is usually not a carrier, but only takes on the role of broker or agent under commercial law .

In aviation , the carrier is Carrier called. For the rail transport also special rules apply.

A special feature applies to shipping . Sea shipping companies are not referred to as carriers, but are so-called carriers . In contrast to the other modes of transport, the legal provisions applicable to maritime trade in Germany are regulated in the fifth book of the HGB - Maritime Trade Law. The legal representative of the shipowner is z. B. the captain .

Carter's oath

I swear an oath to God
that I will
drive the goods that I have been charged to drive there
for a cheap reward , that I will
keep them in trust and honestly deliver them , that I will not go
anywhere or take them anywhere
other than what is given to me in terms of
money and Bringing a change
back is handed, handed over
sincerely and without a single ambush
, and I will behave in every way as befits
an honest, sincere
and loyal carter.

See also

literature

  • Wieske, Thomas, Transport law quickly captured , 3rd edition, Berlin Heidelberg 2012, Publisher: Springer, ISBN 978-3-642-29725-0
  • Hartenstein, Olaf / Reuschle, Fabian (eds.), Handbook of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2015, Carl Heymanns publishing house, ISBN 978-3-452-28142-5
  • Baumbach / Hopt, HGB. Commentary , 37th edition, Munich 2016, Verlag CH Beck, ISBN 978-3-406-67985-8
  • Koller, Ingo, transport law. Commentary , 9th edition, Munich 2016, Verlag CH Beck, ISBN 978-3-406-70113-9

Individual evidence

  1. § § 453 ff. HGB
  2. § 458 HGB
  3. ↑ Providing services in forwarding and logistics, p. 32, Bildungsverlag EINS, ISBN 3-8237-1517-8
  4. ^ The wording of the oath in the Fuhrmann Guild in 1691. See book: Vom Saumpferd zur Transportindustrie, page 34. Kirschbaum Verlag 1978 ISBN 3-7812-1010-3