Font Size: a A A

Legal Issues On Taking Delivery Of Goods In Carriage Of Goods By Sea

Posted on:2007-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZuFull Text:PDF
GTID:2166360182477516Subject:International Law
Abstract/Summary:PDF Full Text Request
International marine transportation is considered as an important phase in the international trade. Delivery and taking delivery of goods in proper way at destination port, not only has relation to completion of certain duties under contract of carriage of goods by sea sustained by carrier, but also has impact to the benefits of both trading parties.This thesis begins with defining the definition and property of taking delivery of goods and such behavior thereof, and then puts forward the viewpoint that taking delivery of goods has both nature of right and duty under contract of carriage of goods by sea, on the basis of which, further analysis and study are conducted from the duty point of view. Moreover, through establishing theoretical foundations for contract of carriage of goods by sea and bill of lading negotiation, this thesis analyzes the legal status of shipper, consignee, holder of B/L and others who have certain relation with taking delivery of goods. Theory of transfer contract and third party related contract are used to explain the body who has the obligation to take delivery of goods, and then gives detailed discussion on basis, conditions, contents and legal liability of different bodies born the obligation to take delivery of goods.This thesis takes related regulations from UNCITRAL Transport Law for reference, according to which the consignee has the obligation to accept delivery. Legislation in domestic law concerned is imperfect, scholars seldom touch on either. Author herein attempts to probe into shipping and judicial practice.
Keywords/Search Tags:take delivery of goods, obligation to take delivery of goods, obligor, responsibility
PDF Full Text Request
Related items