Civil law versus common law concept of Freight forwarders

Tusevska, Borka (2014) Civil law versus common law concept of Freight forwarders. Balkan Social Science Review, 4. pp. 45-67. ISSN 1857- 8772

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Present research paper is focused on the comparative aspects of freight forwarders. Starting this paper with theoretical analysis of the “representation doctrine,” and exploring the status of the freight forwarder in Germany, United Kingdom and United Stated of America, we focused our attention on the liability of the freight forwarders towards the principal and the third party in civil and common law systems.     Observing the existing legislation, judicial and arbitration practices, we present the advantages and disadvantages of the two divergent systems of freight forwarders: German legal system versus British and American legal systems/Continental versus Anglo-Saxon legal systems. The main core of this topic is “the concept of representation,” where the place of the freight forwarder is inevitable. We also analyze the justification of Anglo-Saxon model of freight forwarder with accent on the non-vessel operating common carrier (hereafter NVOCCs), as the most sophisticated model of freight forwarder in global frames.     This paper also deliberates the legal repercussions of the unsettled status of the freight forwarders vis-à-vis any third person and his principal. Regarding this issue, economic effects have never been subject of discussion. Just a superficial examination of this topic is enough to conclude that each type of representation lead to achieving one objective and it’s - transferring the economic effects of representation toward the principal.     Disagreements escalate in the field of obligations regarding the questions: which of the three subjects is in the legal relation and with whom? Who can be a plaintiff or defendant in the civil procedure?! Does the existance of uniform concept of representation is justified? Finally, is it possible to apply the same legal standards for ascertaining the liability of the freight forwarder in particular legal systems?     The responses to all of these questions have a great impact on determination of freight forwarders liability. The impact of globalization definitely changed the position of the freight forwarder. So, which of the two systems offers more applicable legal regime for freight forwarders? Is it the civil law or common law system, or in the field of freight forwarders boundaries between these systems are not as much actual as in many other segments of law.     

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Borka Tusevska
Date Deposited: 28 Jan 2015 08:51
Last Modified: 06 Aug 2015 08:45

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