The System of Contracts between Transport Organizations

The article addresses the issue of unsystematic legal regulation of organizational relations between transport organizations. The main prerequisites of this problem are the following factors: long legal non-recognition of organizational (non-personal non-property) civil relations, the transition from the administrative-command eco-nomic system to a mixed type (capitalist market), the development of engineering thought and urbanization at the present stage of society development. Currently, economic entities predominantly enter into organizational transportation contracts in the form of innominate agreements, often resulting in their subsequent reclassifica-tion by courts into specific types enshrined in Section IV of the Civil Code of the Russian Federation (CC RF). The author proposes the exclusion of Articles 788, 791, 798, and 799 from the CC RF and the incorporation of a separate subsection to Chapter 40 of the CC RF, entitled “Organization of Transportation”. This proposal stems from the distinctive non-personal, non-proprietary nature of the relationships being regulated, which precludes their direct classification under any of the chapters currently regulated within the CC RF. Consequently, a dedi-cated subsection is deemed necessary to provide a comprehensive and nuanced legal framework for these essential inter-organizational arrangements in the transportation sector. This restructuring would facilitate clari-ty, predictability, and enforceability in the context of organizational contracts related to transportation, contrib-uting to a more robust and efficient transportation ecosystem.

Authors

Publication Details

Journal
Теория и практика общественного развития
Published
2025-03-26
DOI
https://doi.org/10.24158/tipor.2025.3.18
Primary Topic
Law, logistics, and international trade
Type
article
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article

The System of Contracts between Transport Organizations

Konstantin K. Burdin
Теория и практика общественного развития
Law, logistics, and international trade
article

The System of Contracts between Transport Organizations

Konstantin K. Burdin
article en

Abstract

The article addresses the issue of unsystematic legal regulation of organizational relations between transport organizations. The main prerequisites of this problem are the following factors: long legal non-recognition of organizational (non-personal non-property) civil relations, the transition from the administrative-command eco-nomic system to a mixed type (capitalist market), the development of engineering thought and urbanization at the present stage of society development. Currently, economic entities predominantly enter into organizational transportation contracts in the form of innominate agreements, often resulting in their subsequent reclassifica-tion by courts into specific types enshrined in Section IV of the Civil Code of the Russian Federation (CC RF). The author proposes the exclusion of Articles 788, 791, 798, and 799 from the CC RF and the incorporation of a separate subsection to Chapter 40 of the CC RF, entitled “Organization of Transportation”. This proposal stems from the distinctive non-personal, non-proprietary nature of the relationships being regulated, which precludes their direct classification under any of the chapters currently regulated within the CC RF. Consequently, a dedi-cated subsection is deemed necessary to provide a comprehensive and nuanced legal framework for these essential inter-organizational arrangements in the transportation sector. This restructuring would facilitate clari-ty, predictability, and enforceability in the context of organizational contracts related to transportation, contrib-uting to a more robust and efficient transportation ecosystem.

Теория и практика общественного развития(3)
Openalex Percentile: Top 92%
Law, logistics, and international trade
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The System of Contracts between Transport Organizations — Konstantin K. Burdin · Теория и практика общественного развития (2025) | TGRS Research Map | TGRS