Briksa K.O. —
The issue of compensation for damages to declarants according to a customs broker agreement
// Law and Politics. – 2018. – ¹ 12.
– P. 80 - 85.
DOI: 10.7256/2454-0706.2018.12.28188
URL: https://en.e-notabene.ru/lpmag/article_28188.html
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Abstract: The author assesses the problem of proving damages suffered by a declarant resulting from a failure of the other side to carry out the customs broker agreement. The article gives classification of damages suffered by a declarant, resulting from customs broker’s failure to properly declare goods. The article explores the issue of proving damages by the declarant. Analysis is conducted on theoretical and practical positions of limitation of the principle of full compensation. Also analyzed are the forms of limitation to the compensation caused to the declarant included into the customs broker agreement. Based on analysis of 70 agreements, signed between declarants and customs brokers, the author determines the means that would allow customs brokers to effectively shield themselves from having to compensate the declarants. The author formulates general rules of distribution of risks between the declarant and the customs broker according to customs broker agreement.