of May 31, 2020 No. 123-VIQD
About modification of the Civil code of the Azerbaijan Republic and the Maritime Code of the Azerbaijan Republic
Being guided by Item 23 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie decides Majlis of the Azerbaijan Republic:
In the Civil code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 4 (book I), Article 250, No. 5, Article 323; 2002, No. 12, Article 709; 2003, No. 8, Article 420; 2004, No. 3, Article 123, No. 5, Article 318, No. 6, Article 415, No. 10, Article 761, No. 11, Article 901; 2005, No. 2, Article 61, No. 6, Article 466, No. 8, Articles 684, 692, 693, No. 11, Article 996, No. 12, Article 1085; 2006, No. 2, Article 68, No. 3, Article 225, No. 5, Article 387, No. 6, Article 478, No. 8, Article 657, No. 12, Article 1005; 2007, No. 2, Article 80, No. 6, Article 560, No. 8, Article 745, No. 10, Article 937, No. 11, Article 1053, No. 12, Articles 1215, 1219; 2008, No. 3, Article 145, No. 6, Article 456, No. 7, Article 602, No. 12, Article 1049; 2009, No. 2, Article 47, No. 5, Article 295, No. 6, Article 404, No. 7, Article 517; 2010, No. 2, Article 75, No. 3, Article 171, No. 4, Articles 265, 266, 276; 2011, No. 2, Article 71, No. 7, Article 586, No. 8, Article 750, No. 12, Articles 1073, 1102; 2012, No. 1, Article 5, No. 5, Article 403, No. 6, Article 498; 2013, No. 1, Article 15, No. 6, Article 620, No. 11, Article 1280, No. 12, Articles 1469, 1478; 2014, No. 2, Article 96, No. 7, Article 768; 2015, No. 3, Article 254, No. 5, Article 512, No. 7, Article 814, No. 10, Article 1093; 2016, No. 1, article 26, No. 2 (book I), Articles 186, 204, No. 3, Article 401, No. 4, Articles 640, 646, No. 6, Article 1005, No. 7, Article 1248, No. 12, Articles 1998, 2018; 2017, No. 2, Articles 151, 153, No. 4, Article 524, No. 5, Articles 703, 735, No. 6, Article 1035, No. 11, article 1953, No. 12 (book I), Articles 2210, 2234, 2239; 2018, No. 2, Article 142, No. 4, Article 650, No. 5, Articles 845, 851, No. 11, article 2212, No. 12 (book I), Articles 2467, 2518, 2526, 2533; 2019, No. 1, Articles 23, 50, No. 5, Articles 806, 812, 814, No. 6, Articles 994, 996, No. 7, Article 1202, No. 8, Article 1369, No. 11, Article 1681, No. 12, Article 1908; The Law of the Azerbaijan Republic of April 24, 2020 No. 62-VIQD) to make the following changes:
1.1. in the name of article 853 after the word "data" to add with the words "and documents";
1.2. in Article 853.2 shall be replaced with words the word "information" "data and documents".
In the Maritime Code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2001, No. 7, Article 444; 2006, No. 12, Article 1029; 2007, No. 5, Article 442, No. 6, Article 562, No. 8, Article 756; 2009, No. 12, Article 948; 2010, No. 3, Article 171; 2012, No. 7, Article 643; 2013, No. 3, Article 214; 2014, No. 4, Article 325; 2015, No. 1, Article 1; 2016, No. 1, Article 7; 2017, No. 11, Article 1961; 2018, No. 3, Article 406, No. 5, Article 848; 2019, No. 2, Article 186) to make the following changes:
2.1. under Article 87:
2.1.1. state Articles 87.1 and 87.4 in the following edition:
"87.1. The sea transportation agreement of load - the agreement under which the carrier shall deliver load which to it will be or will given by the consignor or the freighter, from the location to the port of destination for a fee and to transfer him to the physical person or legal entity authorized on receipt of loads (further - the consignee) based on the transaction, and the consignor, the freighter, the consignee or other person authorized by them - to pay the freight charge (freight).
87.4. Carrier is the physical person or legal entity performing based on the sea transportation agreement of load and for a fee cargo hauling from the location to the port of destination and owning the vessel on the property right, leases or uses.
The actual carrier is any physical person or legal entity owning the vessel on the property right, leases or uses to which the carrier assigned implementation of cargo hauling or part of transportation, including any physical person or legal entity to which such implementation of transportation is assigned.";
2.1.2. in Article 87.6 of the word "signed the agreement, and also any handed over load to carrier on its own behalf" shall be replaced with words "being the initiator of transportation under the agreement and drawn up cargo sending on its own behalf physical or legal";
2.1.3. add with Article 87.6-1 of the following content:
"87.6-1. The freight forwarder - person organizing transportation of goods from the location to the port of destination through the third parties (carriers) on its own behalf, but at the expense of the consignor.";
2.2. under Article 108:
2.2.1. in the name after the word "documents" to add with the words "and data";
2.2.2. in the text after the word "Consignor" to add with the words "documents and data on load for proper execution of the sea transportation agreement" and after the word of "documents" - words ", and also the data";
2.3. in Article 119.1 of the word "consignor or freighter" shall be replaced with words "the consignor, the freighter either one of consignees or the other person authorized by them";
2.4. in the first offer of article 127 after the word "freighter" to add with the words "or the other person authorized by them" and in the second offer after the word to "consignee" - the words "or to the other person authorized by them";
2.5. under Article 313:
2.5.1. in the name after the word to "carrier" to add with the words "and to the freight forwarder";
2.5.2. add with Article 313.4 of the following content:
"313.4. Before presentation of the claim to the freight forwarder presentation of the written claim to it is obligatory.";
2.6. in the text of article 316 after the word to "carrier" to add with the words "or to the freight forwarder";
2.7. under Article 317:
2.7.1. in Article 317.1 after the word "Carrier" to add with the words "or freight forwarder";
2.7.2. add with Article 317.3 of the following content:
"317.3. If the freight forwarder rejects or accepts the claim partially or does not respond to the claim within one month, against him the suit in court can be brought.";
2.8. add with Article 318.2.3-1 of the following content:
"318.2.3-1. according to requirements to the freight forwarder - from the moment of emergence of the right to initiation of the claim;".
President of the Azerbaijan Republic
Ilham Aliyev
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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