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Study On The Legal System Of Documentary Shipper

Posted on:2012-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2166330335459549Subject:Maritime learn
Abstract/Summary:PDF Full Text Request
On December 11th,2008 the Unitied Nations officially passed the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea,namely the Rotterdam Rules.As the three maritime conventions foucus mainly on the rights and obligations of the carrier,and neglect the shipper,especially the one that hands over the cargo to the carrier,what's more as far as Hamburg Rules and our maritime law do stipulate about the shipper, they stipulate two kinds of shippers, without clearfy their respective rights and obligations.This makes the maritime out of line with sales law, causing a lot of problems in theory and in practice.Thus, to deal with that, the Rutterdam Rules designed the documentary shipper system..This essay studies the documentary shipper system in three aspects:how to be a ducumentary shipper; the main rights of the documentary shipper----the right to ask the carrier for transport documents when delivered the cargo, the right of control over the cargo as well as the right to sue.Throgh the study on these questions and with reference to the maritime laws of Norway and so on,it is believed that this cocumentary shipper system is flawed. As on one hand, it can not go smoothly along with sales laws and thus can not well protect the sellers under FOB contract especially; on the other hand, its negligence on some transportation practices makes it less practisable.This essay makes some remedies over the documentary shipper system, and believes the documentary shipper should have the right to ask for transport document on delievery of the cargo without having to have anyone else's instructions,he should be the first to own the right of control over the cargo and he should have the right to sue.The amended documentary shipper system not only fits into the sales law, and make the seller's right of stoppage in transitu practisable, and it goes along well with seaway transport practices. As the Rutterdam Rules won't be in force in the short term, this artilce hopes that it may help a little when our maritime law is amended.
Keywords/Search Tags:Documentary Shipper System, Right of Control, Right to Sue
PDF Full Text Request
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