TIME-FREIGHT
It is usual that foreigners need such transport means that the management, protection, technical exploitation services should bare the service provider company and the harm caused to third persons should bare the transport providers. The following legal norm concerns such cases which is called timely freight. Actually this ancient contract is considered to be such one which has been used and is being used in all corners of the world even in Antarctica. It is used during discovery of continents, during scrutinizing the residential places, during realization of different works, during traveling etc. The nature of this contract is that the contract for rent of transport mean with its staff is concluded as a result of which after paying certain amount of money the transportation is passed to the temporary use of lessee. The lessor shall have the duty, during the whole time period of the contract of lease of means of transport with crew, to support a suitable condition of the means of transport given by lease including conduct of current and major repair and provision of the necessary accessories.During the conclusion of the contract the parties are free to choose any service stipulated or not prohibited by law. Services provided to the lessee by the lessor for the management and technical exploitation of means of transport must ensure its normal and safe exploitation in accordance with the purposes of lease indicated in the contract. The contract of lease of means of transport with crew may provide for a broader range of services to be supplied to the lessee. The staffing of the crew of the means of transport and its qualifications must correspond to the rules obligatory for the parties and to the terms of the contract and if such requirements are not established by rules obligatory for the parties, to the requirements of the usual practice of exploitation of means of transport of the given type and terms of the contract. The members of the crew shall be employees of the lessor. They shall be subject to the orders of the lessor relating to management and technical exploitation and to the orders of the lessee on the commercial exploitation of the means of transport. In case of loss of or damage to a leased means of transport the lessee shall be obligated to compensate the lessor for the losses caused if the latter proves that the loss or damage to the means of transport occurred due to circumstances for which the lessee is liable in accordance with a statute or the contract of lease. Liability for harm caused to third persons by a leased means of transport, its mechanisms and apparatus shall be borne by the lessor in accordance with the relevant rules of Chapter Civil Code. It shall have the right to present a subrogation claim to the lessee for compensation for amounts paid to third persons if it proves that the harm arose due to the fault of the lessee. The contract of time-freight is concluded in written form.
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