Smlouva o nájmu dopravního prostředku a smlouva o provozu dopravního prostředku
| Title in English | The contract on leasing the means of transportation and contract on operating the means of transportation. |
|---|---|
| Authors | |
| Year of publication | 2009 |
| Type | Article in Periodical |
| Magazine / Source | Státní zastupitelství |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | contract on leasing the means of transportation; contract on operating the means of transportation; |
| Description | The differences between the individual types of contracts used to the transfer of goods with the relation to the transport vehicles are clear neither to the professional public nor to the practice. It is important to consider also the special contractual solution and its consequences. Therefore we firstly deal with the contract on leasing the means of transportation and the contract of despatch and then we deal with the other contractual types. The contract on leasing the means of transportation is a relative trade (see § 261/ 1 and 2 of the Commercial Code); the contract on operating the means of transportation is an absolute trade (see § 261/3 of the Commercial Code). Under a contract on leasing the means of transportation the lessor undertakes to make available a means of transportation to the lessee for purposes of temporary use, and the lessee undertakes to pay a hire charge to the lessor. The contract must be in writing. Under a contract on operating the means of transportation the operator undertakes to transport cargo identified by the charterer ordering the operation of the means of transportation, so that one or more trips agreed in advance, for purposes of either transporting such cargo or effecting trips within the agreed-upon period, can be made at the discretion of the charterer, in return for which the charterer undertakes to pay a charter rate (charterage). |
| Related projects: |