Published Date: 21.05.2026

Discrepancy Between the Declared Value of a Cargo and Its Actual Value

Annotation

The carriage contract implies the carrier's obligation to ensure the delivery of the goods to a pre-agreed location, guarantee their safety, and transfer them to the authorized person, in accordance with Article 785 of the Civil Code of the Russian Federation. The sender, in turn, is obligated to pay the agreed amount for the service provided. The carrier is responsible for the safety of the baggage and cargo from the moment of their acceptance until they are transferred to the recipient or authorized person. In the event of loss, damage, or shortfall, the carrier is exempt from liability if it proves that these circumstances were caused by force majeure conditions that could not be prevented or avoided (Article 796, paragraph 1, of the Civil Code of the Russian Federation). The legal regulation of the contract of carriage of goods in the Baltic countries, including Article 739 of the Civil Code of the Republic of Belarus, is based on comparable principles. The norms of the Civil Code of the Russian Federation and specialized transport codes do not provide for the carrier's liability for an incorrect indication of the cargo's value. A review of arbitration practice reveals two key approaches to determining liability: based on the declared value of the transported property and based on the actual price. The purpose of this article is to highlight these approaches and propose solutions to address the identified issue




Library

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