On Carrier's Liability System Of Delay In Delivery

Delay in delivery in the carriage of goods by sea is an important issue puzzling shipper (consignee) and the carrier, and is also a complex law issue. For long period of time, the great risk at sea in international shipping, low level of navigate technique and subordinate status of timely delivery compared with safety transportation results in lack of attention to liability system of marine cargo delays in international conventions and legislation of some large shipping countries. Until recently, "Hamburger Rule" is the first time prescribing concept and liability of delay in delivery definitely in the worldwide. Chinese Maritime Code uses part of provisions of "Hamburger Rule" for reference, establishing law system of delay in delivery of Chinese characteristic. But there is much vice in concept of delay, compensation scope and damage limitation ect., which induces different understandings to the system. In maritime judicial practice, there is much dissension and oppugn on the issue. So, systemic analysis to this liability system is of tremendous emergency and practical meaning. In this article, author wants to start with difference of delay in delivery concept and establishment of the system, through comparing and analyzing some international conventions relating to carriage of goods by sea, legislation of some ocean shipping countries and provisions of our country to discuss issue such as constitutional elements of the system, compensation principle and compensation scope, causation, excuses for delay and limitation of liability and so on. The author will use the method of combining theory with practice and refer to related leading cases both at home and abroad. In the end, author will point out legislation defects of CMC on the basis of analysis above and put forward his own suggestions to amend the law.The thesis is composed of four parts, six chapters as follows:...