Probe Into Goods Delivery Under Contract Of Carriage Goods By Sea

There exist complicated legal relationships during goods delivery. So parties' interests collide with each other easily. And the confusion in theory and the different disposal in shipping practice bring to a multitude of legal issues. Thence, this paper, on the basis of the principles in our civil law and using the foreign legislations for reference, takes the goods delivery under contract of carriage of goods by sea as study object, for the purpose to accelerate the goods delivery well, to improve our maritime law and to drive our shipping industry into its prosperity.This paper includes four chapters in all.Chapter one is about the basic theories on delivery. The first section, on the basis of delivery definition in civil law, defines the meanings about delivery under contract of carriage of goods by sea. The second section shows the legal character of the delivery under contract of carriage of goods by sea. The third section points out the law basis of the delivery under contract of carriage of goods by sea. The fourth section dwells on the origin of the obligation of delivery.Chapter two is about the performance of the delivery under the contract of carriage of goods by sea. The first section analyzes the law status about several special law bodies who may be involved in the goods delivery. The writer considers that the actual carrier doesn't bear the obligation of delivery certainly. It depends on the agreement between carrier and actual carrier whether he bears it. And the port authority isn't the party in goods delivery and doesn't bear such obligation. The consignee doesn't bear the obligation to receive such delivery. And the writer discusses how to identify the consignee under different cases. The second section analyzes the relations between the object of delivery and carrier's obligation to deliver goods. The writer deems that: it imposes no influence on cancellation of carrier's obligation of delivery that carrier isn't liable for the normal decrease or fair wear and tear. The third section probes into the term of the obligation of delivery. The fourth section indicates the important function ofthe obligation of notice during the goods delivery and suggests that the obligation of notice should be turned to carrier's compulsory mandatory obligation. Later, this section expatiates on carrier's obligation of notice such as notice of arrival of goods, notice of direction to delivery and notice of disposal of goods.Chapter three is about the failure of delivery and the legal relief to carrier. In the first section, on the basis of principles on failure of delivery in civil law, the writer try to define the failure of delivery under the contract of carriage of goods by sea in accordance with the reasons it arising therefrom. The second section defines definitely the two situations of failure of delivery arising from the reasons other than carrier. The third section concretely explains the construction of the legal relief mechanism to carrier, which respectively includes the possessory lien to cargoes without certificate, the right of submission of goods, the right of carrying goods and the right of recourse against shipper and consignee.Chapter four is about the conclusion of this paper.