Study On The Legal System Of The Actual Shipper

In the contract of carriage of goods by sea, lots of arguments have been held upon the concept of shipper all the time. Two types of shipper defined in Hamburg Rules and China Maritime Code (CMC) are contracting shipper and consignor. A variety of questions arise in the practice since the two types of shipper exit simultaneously on certain occasions. It is worthy of researching and exploring the definition and understanding of consignor in particular because of the existence of many viewpoints and ideas about it.Starting from the deficiencies of our present laws, this thesis analyzes the definition and the characteristics of shipper, especially consignor, defines the later as actual shipper, separating this conception from the notion of shipper, and discusses the necessity and reasonableness of this defining; and further expounds the rights enjoyed by and the obligations and liabilities burdened upon the actual shipper hi the legal relationship of the contracts of carriage of goods by sea. On the basis of above, some corresponding legislative suggestions are put forward in the hope that they will play some referential roles for the legislative departments and in the practice of the sea transportation.