Research On The Legal Problems Of Performing Assistant For The Carrier Under International Carriage Of Goods By Sea

Performing assistant for the carrier under international carriage of goods by sea refers to the party who participate in the carriage of goods by sea by performing or undertaking to perform any of the carrier's obligations with respect to receipt, loading, handling, stowage, carriage, care, unloading or delivery of the goods, according to the order from international martime carrier within the period of responsibility of the carrier, which is the specific form of performing assistant under the civil law.Through introducing the concepts, theories and systems of performing assistant in the area of carrying goods on the sea, providing a reasonable explanation and the basis for taking the third person outside the contract into the adjustment range of maritime law, and providing theory basis for performing assistant to use the carrier's liability under the contract of carriage. On this basis, through the definition and analysis of concept and the scope of performing assistant for the carrier under international carriage of goods by sea, discussing legal status, rights, obligations and responsibilities of performing assistant, abstracing the common and personal problem of performing assistant of different types, providing information and recommendations for building Chinese system of performing assistant for the carrier under international carriage of goods by sea.To sort out and solve legal problem of performing assistant for the carrier under international carriage of goods by sea in the martime practice, in addition to the introduction and conclusion, this paper consists of five main chapters.Chapter one fulfills specific content and features of performing assistant in civil law, analyzes the basic theory of principles of "responsible for the performing assistant" and "the validity of disclaimer of performing assistant", points out the theoretical basis of these systems and the value of the systems of performing assistant for China;Chapter two, based on the presentation and analysis about the practice and legal background of performing assistant for the carrier under international carriage of goods by sea, defines and types performing assistant, compares performing assistant with some similar concepts under international maritime conventions and domestic law, points out the dispute and problem in defining in performing assistant for the carrier under international carriage of goods by sea in Chinese system;Chapter three analyzes the legal status of performing assistant respectively from the angles of performing assistant and carrier, performing assistant and merchant. Under the legal relationship between the performing assistant and the carrier, performing assistant's legal status fully shows the theory and system—'responsible for the performing assistant', under the legal relationship between the performing assistant and merchant, the theory basis of the system—'the validity of disclaimer of performing assistant'—'the norm of field'theory can be taken as the best explanation and basis of relativity breakthrough of the contract of carriage from the performing assistant;Chapter four analyzes rights, obligations and responsibilities of the performing assistant under maritime law, abstracts the common and special responsibility systems of the performing assistant for the carrier under international carriage of goods by sea of different types;Chapter five starts from constructing the system of the performing assistant for the carrier under international carriage of goods by sea, compares and refers to the pros and cons relevant modes, finally proposes the value and specific measures of the system of the performing assistant for the carrier under international carriage of goods by sea.