Logistic contract

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A logistics contract is understood to be a mixed-type contract under civil law from commercial law / transport law (in the broader sense) that includes several different services .

Concept of logistics in the legal sense

According to Thomas Wieske (and Hartenstein / Reuschle), logistics is understood as the following: Logistics is the planning , organization , control and implementation of a flow of goods from development to distribution at the customer, with the aim of satisfying the requirements of the market at minimal costs . Logistics includes all activities through which the spatial and temporal transformations of goods and the associated transformations with regard to the quantities and types of goods, and goods handling properties are planned, controlled, implemented and monitored. In addition to transport, logistics services also include warehousing and directly related services such as packaging, order processing, etc.

Legal Regulations

The logistics contract has not yet been regulated separately in German law. The logistics contract can include elements of the storage contract ( §§ 467 ff. HGB ), the rental contract ( §§ 535 ff. BGB ), the freight contract ( §§ 407 ff. HGB), the service contract ( §§ 611 ff. BGB) and the contract for work and services ( §§ 631 ff. BGB) and a. include.

In other words, logistics combined benefits of different types of contract ( agency agreement ., For example, forwarding , customs clearance ), contract for work (. Eg transport, production), service contract (. Eg shelf maintenance).

It is z. B. commissioned a company to take goods into the warehouse (storage contract), then repack them there (either service or work contract depending on the specific design), to pick them again (service or work contract), to transport them to an interim storage facility depending on the goods (freight contract ) and then to return it to the person storing the goods or his agent (storage contract).

Contract drafting

Drafting the contract and differentiating it from the individual services (especially in the area of ​​liability) is not easy, since different types of contracts with different proportions and possibly also different timelines must be observed depending on the individual case. This has a particular effect in the area of ​​liability, where different liability systems ( strict liability / liability for suspected fault / negligence ), different liability items (liability only for damaged or lost goods, liability for injured persons, liability for delay, liability for consequential damage) and different Liability sums (unlimited liability / maximum liability sums / liability corridors) may coincide.

For this reason, in 2006 the Institute for Logistics Law and Risk Management at the Bremerhaven University of Applied Sciences (LRM) and the German Freight Forwarders and Logistics Association ( DSLV ) developed so-called logistics terms and conditions as a recommendation, but these have not yet been generally accepted. The IHK Stuttgart points out on its website (status: Nov. 2009) that the ADSp carrier associations could not agree on a common recommendation for these or other logistics terms and conditions, so that the IHK organization also has no recommendation for the DSLV-Logistik-AGB can be pronounced; However, the IHK Stuttgart sees the logistics terms and conditions as a good checklist for the specific drafting of contracts. The logistics terms and conditions were updated in 2019 .

See also

Individual evidence

  1. ↑ Thomas Wieske: Transportrecht quickly captured , 3rd edition, Berlin Heidelberg 2012, publisher: Springer, Ziff. 2.4 .: The legal sources of logistics
  2. ↑ a b Hartenstein / Reuschle, manual of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2015, Verlag Carl Heymanns, chap. 7, marginal number 7
  3. ↑ IHK Stuttgart: Statement on the logistics terms and conditions of the DSLV ( Memento of the original from November 19, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , As of August 2015 @1@ 2Template: Webachiv / IABot / www.stuttgart.ihk24.de

literature

  • Hartenstein / Reuschle, Handbook of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2015, Verlag Carl Heymanns (Chapter 7: Forwarding law, marginal numbers 7, 43; Chapter 8: Warehouse law, marginal numbers 43; Chapter 10 : International private law , E: Logistics contracts, marginal number 62)
  • Thomas Wieske: Transport law quickly captured , 3rd edition, Berlin Heidelberg 2012, publisher: Springer (No. 2.4. And 4.4.2.)
  • Thomas Wieske: Logistics terms and conditions. Short commentary , 1st edition, 2006, publisher: Heinrich Vogel
  • Temme, Legal Handling of Mixed Type Contracts , TranspR 10-2008, pp. 374–380 (PDF; 541 kB)

Web links