نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
When a contract is concluded for the purchase or sale of goods, the goods are not directly delivered to the buyer at the destination. Instead, processes such as packaging, transportation, cargo insurance, and warehousing must be carried out to ensure delivery. Contracts that facilitate the completion of the supply chain from origin to destination are referred to as “logistics contracts.” One of the key findings of this study is that when all logistics services, including cargo transportation, goods insurance, packaging, and more, are provided by a single entity (a Third-Party Logistics provider, or 3PL), the contract is recognized as a logistics contract. The study also examines the positioning of 3PL providers within the broader logistics framework, distinguishing them from 1PL and 2PL providers while also considering the emergence of 4PL and 5PL providers. Due to the diversity of services and the complexity of elements constituting logistics contracts, establishing a single set of regulations for each service is challenging. Consequently, logistics contracts are not governed by a unified legal framework. The central question of this research is: What is the legal nature of logistics contracts? Through a descriptive-analytical approach, relying on the reviewing of books, articles, laws, and judicial precedents, the research concludes that the diversity of logistics services makes these contracts resemble mixed and composite contracts. In other words, logistics contracts, by incorporating multiple services, establish a unique and unified structure, forming a new contractual category with an independent, distinct, and complex legal nature.
کلیدواژهها English