Study On The Legal System Of The Actual Carrier

The actual carrier is a characteristic legal concept .It was Hamburg Rules which first set up this concept in ocean shipping legislation, and then was Chinese Maritime Code. The purpose is to clarifying the parties and their rights and obligations of the complicated relations in the international carriage of goods by sea. But up to now, there are quite a number of problems to be resolved at the aspect of actual carrier in shipping acts and legislation and the related theories are undeveloped. The paper is to make a systematic study on the legal system of actual carrier. Chapter 1 mainly introduces the concept of actual carrier and relative legislation. Chapter 2 studies the problem of identification of the actual carrier,concretely analyses how to identificate the carrier under Hamburg Rules and Chinese Maritime Code and then identificate the actual carrier. Chapter 3 analysis and studies the relations between the actual carrier and combined transportation.Chapter 4 studies the basis of the actual carrier's liability,namely,the claim against the actual carrier is based on intrusion or breach of contract. The intention is to break through the doctrine of privity at the aspect of actual carrier based on the theories of series contract. Chapter 5 analyses the obligation of the actual carrier. Chapter 6 studies time bar problems about the actual carrier. The author hope this paper will do contribution to perfecting the legislation of the actual carrier of our courtry.