A Study On Maritime Performing Party And Its Responsibility Under Transport Law Instrument

The maritime performing party is a characteristic legal system under the UNCITRAL Transport Law. It is of great significance both in theory and in practice as to clarifying the complicated relations in the international carriage of goods by sea and confirming the responsibility of performing party who undertakes the responsibility of the carrier. But the related legislation and theories are undeveloped up to now. There are differences among the rationales on the basis of maritime performing party's responsibility. Many problems are desiderated to resolve in practice. The purpose of the paper is to study the maritime performing party's responsibility systematically.The paper composes of five chapters: Chapter 1 is a study on the background of maritime performing party and introduces the status quo in international legislation and the influence to maritime performing party by scope of application under the instrument. Chapter 2 is an analysis on maritime performing party and its related concepts., mainly expatiating on the development of performing party, the meaning of maritime performing party and its related concepts. Chapter 3 is about the rationale of responsibility of maritime performing party. Firstly, the general attribute of the responsibility of maritime performing party is analyzed from two angles of the relationships between the maritime performing party and the cargo obligee and the carrier, with the characters of legal responsibility, tort, joint and several obligations. Then the unreal joint and several obligation is introduced, and its application in maritime performing party is discussed. Chapter 4 is to study the responsibility of maritime performing party, mainly about its basis, period and limitation of responsibility. Chapter 5 is the evaluation of the maritime performing party and the use for reference to China Maritime Code. It firstly explains the value of the instrument, the significationand deficiencies of maritime performing party. Then on basis of the regulations under the instrument, it analyzes the lack of China Maritime Code and comes up with the suggestions for modification.there are differences between the actual carrier under China Maritime Code and the maritime performing party under the instrument on concept, but they almost the same on the purpose of legislation. So the author hopes this paper will provide some inspires and valuable reference for perfecting the legislation of the actual carrier under China Maritime Code.