OBAVEZE I PRAVA PREVOZIOCA I PRIMAOCA POŠILJKE IZ UGOVORA O PREVOZU STVARI

Abstract

The transportation of goods for profit requires the establishment of a legal relationship between the carrier and the party interested in the transportation services, that is the sender of certain goods or objects. This legal relationship has been created by practice and the legislators have just shaped it into the form of a transport agreement. The essence of any agreement on transport of goods or passengers in any field of transport is to create a legal relationship between all interested parties who participate in its execution, that is between the sender and the carrier. However, very often these agreements produce legal effects (create certain obligations, but also recognize certain rights) on the parties who did not participate in contracting the transportation services. We are speaking about the rights and obligations of the carrier towards the recipient of the transported goods, as well as of the rights and obligations of the recipient of goods. The legal position of the recipient of goods is specific and generally depends on the sale contract, which, by rule, precedes the transport agreement but also on the nature of the consignment note which is regularly issued and which can be transferable or non-transferable. In this paper the author analyzes this kind of issues, that is the legal position of these parties (carrier and recipient) and their mutual relationship given the fact that they are not contracting parties, yet the transport regulations in all fields of transport, impose on them certain obligations, but also recognize some of their rights.