Freight business

from Wikipedia, the free encyclopedia

As freight business in is Commercial Law of the freight transport referred to which a transport contract is based on where the carrier undertakes to keep the cargo to transport to a destination and there to the receiver to deliver. In return, the sender undertakes to pay the agreed freight , i.e. the fee for the transport service.

General

Freight business and forwarding business take over the transport of goods by land ( road freight transport , rail freight transport ), by sea ( cargo shipping ) or in the air ( air freight transport ). Appropriate means of transport are trucks , freight trains , inland and seagoing vessels and cargo planes . Here, bills of lading as accompanying documents issued, namely CMR (road), railway consignment note (rail), bill of lading (inland waterways), sea waybill and bill of lading (maritime) or air waybill (air).

Legal issues

The freight business is regulated in the fourth section of the fourth book of the Commercial Code (HGB) in §§ 407 ff. HGB. According to Section 407 of the German Commercial Code (HGB), there is a freight transaction when a freight carrier undertakes under a freight contract to transport certain goods to the agreed destination and deliver them there to the recipient . Every transaction that is based on a freight contract is a freight transaction . Further extensive regulations concern the waybill ( § 408 HGB), other accompanying documents ( § 413 HGB), packaging and loading of the freight (§ § 411 f. HGB), liability and similar legal issues . In accordance with Section 440 (1) of the German Commercial Code (HGB) , the carrier has a statutory right of lien on the consignor's goods handed over to him for transport for all claims from the freight contract .

Differentiation from the forwarding business

The terms freight business and forwarding business are often used synonymously in everyday language; However, they are to be separated from each other legally (§ § 453 ff HGB):

particularities

It is particularly important that a legally regulated case of third party damage liquidation can be found in Section 421 (1) sentences 2 and 3 HGB : The recipient of damaged goods can assert the sender's claims against the carrier, even though he is not a contracting party himself is.

International

In Austria , the freight business , which is part of the transport law, has been regulated in §§ 425 ff. UGB since January 2007 , whereby sea trade in the landlocked state of Austria is expressly not mentioned. According to Section 440 UGB, the carrier has a statutory right of lien on the freight if the freight is not paid for. All other regulations largely correspond to the German standards. In Switzerland , freight law has been regulated in Art. 440 et seq. OR since March 1911 , whereby the freight contract is subject to order law in accordance with Art. 440 Para.

Individual evidence

  1. Friedrich Schade, Private Business Law , 2009, p. 208
  2. ^ Thor von Waldstein / Hubert Holland, Binnenschifffahrtsrecht: Comment , 2007, p. 453