Study On The Influence & The Application Of The "Contract Law" On The Contract Of Carriage Of Goods By Sea

The "Contract Law" is the first uniform law of contract, and will influence great a lot to all kinds of contracts in the civil and commercial field including the contract of carriage of goods by sea. Before the enforcement of the "Contract Law", the law and regulation applicable to the contract of carriage of goods by sea was general and simple, and the force of adjustment was partial and incomprehensive. Yet all sorts of contracts have been regulated by the "Contract Law" in a systematic and general way, and a chapter of "contract of transport" has been also specially established, which makes the application to the contract of carriage of goods by sea inevitable. It becomes an ineluctable question to study the proper application of the "Contract Law" to the contract of carriage of goods by sea. So, this thesis is just about to refer to the relevant clauses in the "Contract Law" and study the application to the contract of the carriage of goods by sea, and analyses their influence.This thesis has been written by the way of comparing the "Contract Law" with the"Maritime Code", and the influence as follows brought by the application to the contractof carriage of goods by sea has also been studied in this thesis. -To make up the flaw of the legal system;To bring forward the new remedy when disputes arised;To clarify the illegibility of the concepts of law;To indicate the aspect of the amendment of the "Maritime Code".The application of the "Contract Law" will result in some troubles of course, thus theauthor of this thesis has discussed some distinct ones, and explained the cause of thetrouble, or educed the suggestion for legislation or justice.