Concept and legal nature of the contract of affreightment (charter) under the legislation of the Republic of Kazakhstan

Abstract

The article analyses the theoretical problems of legal regulation of contract of affreightment (charter), its correlation to the contract of carriage and its types. The author studied the scientific views of civil scientists about the essence of contract of affreightment (charter) and the main indicators characterizing its legal nature: mutuality, non-gratuitous nature, consensual nature are identified. The essence of this contract lies in the fact that the contract of affreightment (charter) is a variation of the contract of goods carriage, is different from the contract of carriage and passenger carriage by features of subject. In Kazakhstan the contract of affreightment (charter) applies only on air and sea transport. The author also conducted comparative-legal analysis of the legal norms governing the contract of affreightment (charter) and on this ground proposals directed to improve the legislation are developed. Analysis of the theoretical problems of legal regulation of the contract of affreightment (charter) allowed the author to draw conclusions of theoretical character essential for the determination of the legal nature of the contract of affreightment (charter) highlighting its distinctive features of the motor vehicle rental agreement, a contract of carriage of passengers, goods by air and sea transport.