Definition and legal classification of the contract for the carriage of individual consignments (Stückgutfrachtvertrag)
Ein Contract for the carriage of individual consignments is a special form of carriage contract under which the transport of individual, clearly defined goods (general cargo) by a carrier in exchange for remuneration is agreed. The contract for the carriage of individual consignments is regulated under the transport law of German civil law and represents a specific type of the general contract of carriage in accordance with §§ 407 et seq. of the Commercial Code (HGB). Unlike collective or bulk transport, this contract deals with the shipment of clearly delineated goods which are documented and handled individually.
Distinction from collective and bulk cargo contracts
In contrast to bulk transport, where indistinguishable quantities (e.g., grain, oil) are carried, the contract for the carriage of individual consignments is characterized by the clear identifiability of each item of cargo. This has significant implications for liability, documentation, and the obligations of the parties involved.
Statutory foundations of the contract for the carriage of individual consignments
The legal provisions for the contract for the carriage of individual consignments are found in the Fourth Book of the Commercial Code (HGB), in particular in §§ 407 to 466 HGB. The regulations are based on the general provisions of carriage law but impose specific requirements and particularities regarding the transport of individual consignments.
Parties to the contract for the carriage of individual consignments
Two main parties are generally involved in a contract for the carriage of individual consignments:
- Sender: The party who instructs the carrier to transport the goods and commissions them for this purpose.
- Carrier: The party who undertakes to transport the general cargo from one location to another in return for payment.
Third parties, such as the consignee or freight forwarders, may be indirectly associated with the contract but are not necessarily contracting parties.
Content and conclusion of the contract for the carriage of individual consignments
Conclusion of contract and formal requirements
The contract for the carriage of individual consignments is generally form-free and may be concluded either orally or in writing. In practice, a written consignment note is often used, particularly for national and international transport, serving as evidence and for documenting the individual items. However, a consignment note is not a requirement for the contract’s validity.
Main obligations of the parties
Obligations of the carrier
- Obligation to transport: The carrier is obliged to deliver the consigned goods to the agreed destination.
- Duty of care: During transport, the carrier is liable for loss and damage to the goods in accordance with § 425 HGB.
- Delivery to the authorized recipient: The goods must be handed over to the authorized consignee.
Obligations of the sender
- Payment of freight charges: The sender must pay the agreed remuneration for the transport of the individual consignments.
- Obligation to pack and label: The general cargo must be properly packed and labeled to ensure trouble-free transport, § 411 HGB.
- Obligations to provide information: Provision of complete information regarding the type, weight, number, and special characteristics of the items to be transported.
Rights and obligations arising from the contract for carriage of individual consignments
Liability of the carrier
The carrier is generally liable for loss or damage to the goods that occur during transport between acceptance and delivery, in accordance with § 425 HGB. Liability is, however, limited in amount (§ 431 HGB), typically to 8.33 Special Drawing Rights (SDR) per kilogram of the damaged or lost consignment. Exceptions to the limitation of liability exist in cases of intent or gross negligence.
Exclusion and limitation of liability
- Exclusion of liability is particularly possible in the case of so-called carriage risks, for example in circumstances beyond the carrier’s control (e.g., force majeure).
- Limitation of liability can be contractually agreed, but only within the legal framework.
Rights of the sender and recipient
- Right to issue instructions: The sender may instruct the carrier as to the handling of the general cargo up until the time of delivery (§ 418 HGB), unless another arrangement has been explicitly made.
- Right to proper delivery: Both sender and recipient are entitled to delivery in the agreed condition and at the agreed time.
Consignment note and documentation
Significance of the consignment note
The consignment note is the central carriage document in the law governing the carriage of individual consignments. It serves as evidence of the contents, quality, and quantity of the goods transported as well as other contractually relevant details. Although the issuance of a consignment note is not mandatory, it is often required for international transport (especially in accordance with the CMR – Convention on the Contract for the International Carriage of Goods by Road).
Contents of the consignment note
Typical entries include in particular:
- Name and address of the parties
- Description and number of consignments
- Weight, dimensions and, if applicable, special markings
- Destination and recipient
- Agreed transport modalities
Particularities regarding the international contract for the carriage of individual consignments
Applicable legal systems
In cross-border road transport, the contract for the carriage of individual consignments is governed mostly by the provisions of the CMR Convention (Convention on the Contract for the International Carriage of Goods by Road). In maritime transport, international regulations such as the Hague Rules, the Hague-Visby Rules or the Hamburg Rules. For air transport, the Montreal and Warsaw Conventions are decisive.
Conflict of law aspects
Which law applies in each individual case is determined by international agreements, EU regulations (e.g., Rome I Regulation), or individual contractual arrangements.
Claims arising from the contract for the carriage of individual consignments
Creditor rights and enforcement of claims
In the event of liability for damage, the entitled party (sender or recipient) may claim compensation for loss or damage. Obligations to give notice of damage and short limitation periods (typically seven days after delivery, § 438 HGB) protect the carrier from delayed claims.
Limitation of claims
Claims arising from the contract for the carriage of individual consignments are subject to a short limitation period of one year (§ 439 HGB), or three years in cases of intent or gross negligence.
Practical significance and summary
The contract for the carriage of individual consignments is a fundamental type of contract in the transport industry, particularly for shipments in the fields of freight forwarding, trade, industry, and logistics. The clear identifiability and countability of the transported goods provide all parties involved with a high degree of legal certainty, especially in relation to documentation, transfer of risk, and liability.
Due to the comprehensive regulation in the HGB and the applicability of international conventions, the contract for the carriage of individual consignments is of central importance for both national and international transport and supply chains.
References:
- §§ 407 et seq. Commercial Code (HGB)
- CMR Convention
- Hague Rules, Hague-Visby Rules, Hamburg Rules
- Montreal Convention, Warsaw Convention
- Rome I Regulation (EC) No. 593/2008
Frequently Asked Questions
What are the obligations of the shipper (Befrachter) under a contract for the carriage of individual consignments?
Under a contract for the carriage of individual consignments, the shipper is primarily obliged to make the contractually agreed general cargo available to the carrier in a timely, dispatch-ready, and road-safe condition. It is particularly important to ensure that the goods are properly packed so that they are not damaged during transport nor cause damage to other goods or the means of transport. The shipper must also provide the necessary accompanying documents, such as consignment notes and, if required, customs documents, as these serve as proof and a basis for the carrier’s logistics processes. Furthermore, the obligation to pay the agreed freight and any other incurred costs, such as for reloading or demurrage, is one of the principal duties of the shipper. If the shipper fails to fulfill any of these obligations, or does so inadequately, this may trigger claims for damages from the carrier or entitle the carrier to refuse performance.
What liability rules apply to the carrier under a contract for the carriage of individual consignments?
The carrier is generally liable for damage to the general cargo that occurs between the acceptance and delivery of the goods, unless a statutory exclusion of liability applies (e.g., force majeure, insufficient packaging by the sender, particular nature of the goods). However, the liability of the carrier is regularly limited in amount. Under German law, in particular §§ 407 et seq. HGB and, where applicable, the provisions of the CMR (Convention on the Contract for the International Carriage of Goods by Road), liability is limited per kilogram of freight weight, provided there is no qualified fault (such as intent or gross negligence). Liability covers both loss and damage to the goods, as well as delay damages, although in many cases only a comparatively small flat-rate compensation is provided for delay.
When does the carrier’s duty of care (Obhutshaftung) begin and end?
The carrier’s duty of care begins upon acceptance of the goods and ends with their delivery to the consignee or another party entitled to take delivery. Acceptance is typically associated with the physical taking possession of the goods, with the issuance of the consignment note or a record of receipt often serving as an indication of the time. Delivery is complete once the consignee has actually accepted the goods. During this period, the carrier is liable for damage to the goods unless one of the statutory limitations of liability applies.
What formal requirements must be observed when concluding a contract for the carriage of individual consignments?
In principle, no special form is required for the contract for the carriage of individual consignments; that is, it may be concluded in writing, orally, or even by conduct implying acceptance. However, for evidentiary purposes, it is always advisable to document the contract in writing, for example by using a consignment note, which typically contains all relevant information about the freight, contracting parties, carriers, destination, and any particularities of the transport. Special legal formal requirements may also arise in international transport by virtue of the rules of the CMR or other international conventions.
What rights does the carrier have in the event of non-payment of the freight charges?
If the shipper fails to meet its payment obligations, the carrier has several legal options. First, in accordance with § 441 HGB, the carrier can assert the statutory carrier’s lien, which allows them to retain possession of the goods until their claims are settled, and in case of default, after notice, even realize the goods. Furthermore, the carrier can claim the agreed freight charges and any additional incidental costs in court and, if applicable, interest on arrears and further damages.
How are the transfer of risk and liability allocated in the contract for the carriage of individual consignments?
The risk of destruction, loss or damage to the goods during transport is generally borne by the carrier for as long as the goods are in the carrier’s care. The risk passes to the recipient only upon due delivery of the goods. Exceptions exist if damage is attributable to one of the statutory exclusions of liability (e.g., poor packaging by the sender) or if individual agreements have been made allocating the transfer of risk at a different point in time.
Under what circumstances may the contract for the carriage of individual consignments be terminated?
A unilateral termination of the contract for the carriage of individual consignments is generally possible under the conditions specified in the contract or in the cases provided for by law. Under German law (§ 415 HGB), the sender may terminate the transport at any time before the start of transit but is then obliged to pay the carrier the agreed remuneration or, in the absence of agreement, reasonable compensation. The carrier may terminate the contract if performance of the transport is impossible or if the sender significantly breaches a duty to cooperate. The right to extraordinary termination always remains unaffected where there is good cause.
