The concept and legal nature of transport obligations

Abstract

The article examines the concept and legal nature of transport obligations in civil law, the place of transport contracts in the system of civil law contracts, and studies theoretical provisions on the legal nature of transport obligations in legal literature. The author analyzed the scientific views of civilian scientists about transport obligations and identified three main ideas in relation to transport obligations: first, the transport obligation is considered as polytypic obligations with one element that is providing services for the movement of goods and people in space; secondly, this system of contracts is the one mediating transportation relations; thirdly, in the legal literature there is a concept of a system of transport contracts, which considers the system of contractual obligations aimed at compensated provision of services. The essence of transport obligations lies in the fact that they include various types of contractual obligations, and the participation of transport organizations in these contracts cannot serve as a criterion for distinguishing the corresponding classification group of contracts. The author draws a conclusion that transport obligations represent an institution of civil law, while being an institution of transport law as well. Transport obligations according to the classification of civil and legal obligations that have been developed in the civil law doctrine, belong to the group of obligations for the provision of transport services.