On Some Matters Of The Contract Of Carriage Of Goods By Sea

This thesis focuses on the discussion of some problems relating to contract of carriage of goods By sea. These problems are seller and buyer obligations relating to transportation under different trade terms, delivery of goods and Bills of Lading, influence on lien on goods by the transference of title to goods, buyer and seller procedural right, etc. This thesis falls into four chapters.Chapters 1 Issues in the items of International contracts of sale of goods. In this chapter, the author first illustrate the loading cost under the term of FOB and discharging cost under the term GIF in the international contract of sale of goods, which is aimed at making a farther discussion on the related problems in Contracts of transportation and contracts of sale of goods. Contracts of sale of goods' influences on the identification of shipper are expounded in the third part of this chapter. Identification of shippers is an important and difficult problem. Because the incompleteness and drawback of law make practice troublesome and disputable .Solving the problem makes the revision of Maritime Code of China necessary.Chapter 2 Issues on delivery of goods and Bill of Lading. B/L plays a very important role in the process of delivery of goods .Normal circulation of B/L has a positive influence on the proper and prompt fulfillment of contracts of transportation and contracts of sale of goods .In practice, there exist such problems as delivery goods without B/L, advanced B/L and anti-date B/L, which hinder the proper functioning of B/L. There are many reasons, including the incompleteness of law. This chapter is aimed at discussing several problems closely related toB/L and goods in order to put forward some personal solutions for reference only.Chapter 3 Influence on lien on goods by the transference of title to goods. In the process of fulfilling transportation contract, lien is carriers' important right under transportation. This chapter consists of lien influence on owners of lien goods, essential requirements for exercising lien, legal validity of lien, how to exercise the lien ,the elimination of lien etc.Chapter 4 The procedural rights of parties to sales contract and transportation contract. Delay in delivery of goods, loss and damage of goods are likely to trigger disputations among parties to transportation contract and sales contract. There are many reasons which will cause the loss and damage of goods and delay in delivery of goods. In this chapter ,such issues as whether carriers are liable for the losses caused by the loss and damage of goods, by delay in delivery of goods, are given certain explanation and analysis.