Seaworthiness, as a key condition of the contract of carriage of goods in a tramp message
( Pp. 131-133)

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Marjashin Vladislav Evgenevich aspirant kafedry grazhdanskogo prava, semeynogo prava, predprinimatelskogo prava, mezhdunarodno-chastnogo prava. Mesto ucheby: Moskovskiy Gosudarstvennyy Lingvisticheskiy Universitet.
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Abstract:
The article considers the commercial term of the contract of carriage by sea. The major problems arising while negotiating this term by the parties are discussed. Currently, due to the wide spread of various contractual forms used for legal registration of various relationships arising in the carriage of goods in external and internal navigation, it is necessary to review the nature and significance of individual contractual terms and conditions, long used in the contract of carriage. Author pose and solve the problem to make recommendations to the understanding of the conditions of seaworthiness for parties to the contract and the court, in the case of a dispute. The basic problems in agreeing this condition parties to the contract, as well as their rights and responsibilities. In their studies, the author uses a combination of general and specific methods of scientific analysis - historical, analogy, abstraction and comparative law, by which explores the history of the concept of seaworthiness provisions legal theory, existing maritime legislation of the Russian Federation and foreign countries, law enforcement practices. Affected under the topic of this article is definitely very broad, and may be of interest to encourage the study of the problems mentioned by other researchers. New and at the same time not without logic seems a number of opinions expressed by the author, in particular, that can recognize unseaworthy vessel only if the vessel is not possible to correlate the characteristics of the charges by the shipowner of the ship and its description. The opinions expressed, as well as other author's opinions expressed in this article, although not focused on regulatory consolidation concept of seaworthiness, but thus emphasize its purely contractual regulation. Conclusions made ​​by the author and features of the proposed approach them, deserve attention, not only in terms of subsequent scientific analysis, discussion and enforcement capacity, as well as to use them in the preparation of textbooks and manuals on the subject of "Civil Law", "Private International Law", "Law of the Sea."
How to Cite:
Marjashin V.E., (2013), SEAWORTHINESS, AS A KEY CONDITION OF THE CONTRACT OF CARRIAGE OF GOODS IN A TRAMP MESSAGE. Gaps in Russian Legislation, 6 => 131-133.
Reference list:
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Ivanov G. G. Kommentariy k kodeksu torgovogo moreplavaniya Rossiyskoy Federatsii. M., 2001.
Kalpii A.G. CHarter (priroda, struktura otnosheniy, sopostavlenie so smezhnymi morskimi dogovorami). - M., 1978.
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Keywords:
seaworthiness of the vessel, the contract of carriage of cargo, owner, the carrier, significant condition, characteristics of the vessel.


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