A Study On Title To Sue Under The Contract Of International Carriage Of Goods By Sea

There is much disagreement in the judicature and theory about how to interpret title to sue under the contract of international carriage of goods by sea; The stipulations of Maritime Code of the People s Republic of China and special procedure law in maritime litigation are not concerning the adscription of title to sue under the contract of international carriage of goods by sea, even absent of the provisions on the effectiveness of transfer of the bill of lading. Though there are the idiographic and integrated provisions on title to suit in Carriage of Goods by Sea Act 1992 and Draft Instrument on Transport Law, it is an embarrassment that how to interpret them through theories of civil law under China law.So the writer studies the characters of the contract of international carriage of goods by sea and the theories of law of the parties' title to sue under the contract of international carriage of goods by sea by comparison all-sided and puts forward some legislation suggestions on the basis of Chinese law and practice.