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Study On Legal Problems About Consignee In Contract Of Carriage Of Goods By Sea

Posted on:2006-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:C H ZhangFull Text:PDF
GTID:2166360155464777Subject:International Law
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Consignee has special legal status in international carriage of goods by sea. Regulations and provisions concerning to consignees are ambiguous, unsystematic and fragmentary among some International Conventions, Maritime Code of the People's Republic of China as well as the majority contents and clauses of bills of lading. This dissertation aims at the better protection of the legitimate rights and interests of the consignee, the abatement of academic controversies and the confusions in judicial practice, by researching into the meaning of the consignee, the rights and obligations of the consignee as well as the right of consignee to bring actions against the carrier and so on. This paper tries to point out that it should be improved for the legislations of International Conventions and the Maritime Code of the PRC concerning with consignee.On the basis of research of the issues above, this dissertation tries to give suggestions in terms of legislation by reference.The conception of consignee in the Maritime Code of the PRC, which is of broad sense, is out of question in general. When acting as consignee, the shipper, whereas, should be excluded from the conception in the case of clauses which particularly protects the rights and interests of the consignee who is in the narrow sense, which is embodied in the proposal amending suggestion of article 78 of Maritime Code of the PRC. This paper proposes to define the conception of the holder of bill of lading, so as to specify the relationship between consignee and the holder of bill of lading, reduce the academic controversies and unify the practice. The author holds that the rights and obligations of the consignee originate in legislations, as a result, the Maritime Code of the PRC should add provisions in terms of Rights of consignee to claim delivery goods against the carrier and the right to sue, as well as right of control of goods, in order to improve the Maritime Code of the PRC.
Keywords/Search Tags:Contract of international carriage of goods by sea, Consignee Holder of bill of lading Rights, obligations and liabilities, Right to sue, Legal, Suggestion
PDF Full Text Request
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