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Study On The Breach Of The Doctrine Of Privity Of Contract In The Contract Relationship Of Carriage Of Goods By Sea

Posted on:2012-05-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Z ZhengFull Text:PDF
GTID:1116330368480575Subject:International Law
Abstract/Summary:PDF Full Text Request
The doctrine of privity of contract and its breakthrough are the most important theoretical issues in contract law, this study of that theory is applied to maritime practice, to analyze and solve the legal issues, related to the contract of carriage of goods by sea, for the aim of the correct application and interpretation of the Maritime Law and to give advice for the improvement of the Maritime Law accordingly.In the course of the study, the main use of standard analytical methods, comparative analysis, Law and economics analysis, empirical analysis and historical analysis, this paper is based on the doctrine of privity of contract and its breakthrough as the core to start on the study. Formed a relatively complete and systematic research framework: Chapter 1 focuses on questions; Chapter 2 focuses on the analysis of legal logic; Chapter 3 focuses on the analysis of legal value, Chapter 2 and Chapter 3 of the content is basic theoretical issues of research, two chapters are reciprocal; Chapter 4 and Chapter 5 focuses on the practice analysis, the practice analysis of Chapter 4 and Chapter 5 and the theoretical studies Chapter 2 and Chapter 3 are reciprocal, basing on the combination of theory and practice, and finally reached the conclusion of the study. a brief description of what is the content of each chapter as below:Chapter 1 Put forward to the main question of this study, and introduce thesis research ideas and research methods, related to the study, and illustrate the significance of the Continuing study.In order to facilitate the exchange of relevant topics, the relevant terms are explained and clarified;Chapter 2 discusses the basic connotation, and the main types, as well as the specific forms of the principle of privity of contract and its breakthrough;Chapter 3 analyzes the value and its conflict and reconciliation behind the doctrine of privity of contract and its breakthrouth;Chapter 4 analyzes the basic subject and its expansion of the legal relationship of contract of carriage of goods by sea and explain that the expansion of basic subject, led to the breakthrough of the doctrine of privity of contract in the results of theoretical research;Chapter 5 analyzes the breakthrough of the legal relationship content of the contract of carriage of goods by sea in the results of theoretical research; Chapter 6 summarize the previous research findings, and give advice for the improvement of the Maritime Law accordingly...
Keywords/Search Tags:Contract of carriage of goods by sea, The doctrine of privity of contract, The breakthrouth of the doctrine of privity of contract, The Contract involving a third person
PDF Full Text Request
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