Study On Risk Mitigation Of Non-Taking Delivery Of Goods At The Port Of Destination

Disputes concerning non-taking delivery of goods at the port of destination often and increasingly occur in international maritime transportation cases, especially in container transportation. This kind of matter damages the interests of the related parties, meanwhile disturbs the normal order of shipping trade market and lead to the loss of the social treasure. Therefore, non-taking delivery of goods at the port of destination is becoming an issue that is exigent to be solved in practice for lacking relevant legal provisions and theoretical research.This thesis combines the theatrical research and evidence analysis based on the available cases and mainly discusses the following aspects:the risk avoidance of the non-taking delivery of goods at the port of destination; the carrier's status as rights subject; the consignee,the shipper and the subject of responsibility. Moreover, the paper has a brief discussion on the available measures of risk avoidance for the carrier while non-taking delivery of goods at the port of destination happens.The thesis is divided into three chapters:The first Chapter briefly discusses the non-taking delivery of goods at the port of destination. Chapter two anglicizes the subject of right and subject of liability regarding to right of claim for damage compensation when non-taking delivery of goods at the port of destination appears. The third chapter introduces the corresponding countermeasures are available to the carrier at the disadvantage based on the relevant provisions in China Maritime Code and Civil and Commercial Law. All the legal community should try their best to coordinate the Civil-commercial law with customary law. Meanwhile, conjoin with the Rotterdam Rules and the Rules of P&I to improve the PRC-Maritime Code. Meanwhile, the author hope to propose the improvement suggestions served as reference in relevant clauses in China Maritime Code.