Freight forwarding business

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The forwarding business describes a commercial business in which the forwarder takes over the arranging of the shipment of a freight for a fee .

The forwarding business is regulated in the fifth section of the fourth book of the Commercial Code (HGB) in § § 453 ff. HGB. There, in particular, the forwarding contract, the respective tasks, liability and the due date of the remuneration claim are determined.

The handling of the shipment of goods includes the organization of the transport and can include other services related to the transport. According to this, the forwarding contract is a special case of the agency contract under commercial law .

In Section 454, Paragraph 1 of the German Commercial Code, arranging the shipment of goods is defined as an obligation to organize the transportation. The organizational work owed by the freight forwarder is illustrated by three examples in the law. These examples show individual points that the freight forwarder has to consider when fulfilling a forwarding order as three phases:

  1. Planning phase: Determining the means of transport and the route
  2. Realization phase: The selection of the executing contractor, conclusion of the contracts required for this, issuing of information and instructions
  3. Backup Phase: This is the law of example with securing compensation claims circumscribed

While the core duties of the freight forwarder are regulated in Section 454 (1) of the German Commercial Code, Section 454 (2) of the German Commercial Code (HGB) extends the statutory right of forwarding to further (ancillary) services. However, these services are not always the subject of the forwarding contract, but only if they have been agreed. In addition, only those activities are recorded that are a “transport-related service”. This open general clause is combined in Section 454 (2) of the German Commercial Code (HGB) with a non-exhaustive catalog of examples - insurance, packaging , labeling , customs handling . There are numerous other ancillary obligations that are related to the dispatch of the goods.

Finally, in Section 454 (4) of the German Commercial Code (HGB), the principle that the freight forwarder must safeguard the interests of the sender is formulated as a main obligation.

Differentiation from freight business

Although colloquially often used synonymously, freight forwarding and freight business must be distinguished from one another (§ § 407  ff. HGB). The carrier owes the transport of the freight , the freight forwarder, on the other hand, owes the organization of the transport, i.e. the selection of the means of transport (e.g. railroad or truck ), the selection and commissioning of the executing company and the insurance of the goods. The freight forwarder has the option of self-entry ( Section 458 of the German Commercial Code), i.e. he can also transport the goods himself. Usually, however, the freight forwarder uses a carrier himself as a subcontractor . The contracting parties in the forwarding contract are the sender and the forwarder , whereas the freight contract is concluded by the sender (who in turn can be the forwarder from the forwarding contract) and the carrier .

From a legal point of view, however, the freight forwarder acts as a carrier in the vast majority of cases within the meaning of §§ 407 ff. HGB. Sections 458 to 460 of the German Commercial Code (HGB) name three cases in which the freight forwarder has the rights and obligations of a carrier or carrier with regard to transportation .

  1. The freight forwarder transports the goods with his own vehicles ( self-entry ), § 458 HGB.
  2. The freight forwarder offers the transport or the arranging of the transport at a fixed price agreed in advance ( fixed cost forwarding ), § 459 HGB.
  3. The freight forwarder combines the goods with the goods of other shippers along and admit such as so-called collective charge transport or groupage ( groupage ), § 460 HGB.

Since the majority of the goods are transported at fixed, agreed prices, the majority of all freight forwarders act at least as fixed-cost freight forwarders in accordance with Section 459 of the German Commercial Code (HGB) and thus with regard to their rights and obligations as a carrier in accordance with Section 407 ff.

This has in particular the no-fault custody liability according to § 425 Paragraph 1 HGB and the maximum liability limits of 8.33 SDR / kg. according to § 431 HGB.

Task sharing

Handling carrier

A handling forwarder is the handler of transports over land, i.e. not for inland or sea transports. The term no longer has a legal meaning, but is used from time to time in common parlance.

See also

Web links

Individual evidence

  1. ↑ a b (2005) Logistik-Pilot 2004/2005: New updated edition of the former Danzas pilot; 13th edition; Verkehrs-Verlag Fischer; ISBN 978-3-87841-216-8 .