Study On The Exceptions Of "Doctrine Of Privity Of Contract" In The Legal Relation Of Carriage Of Goods By Sea

"Doctrine of privity of contract" has been the unshakable credendum of the classical contract law and has been treated as the corner stone of contract rule and system. It strictly restricts the range of the contract from subjects, contents to liabilities which underlie wide recognition and respect of "autonomy" and "freedom of contract" as one of the three principles of the modern civil law. However, since the 20^th century, in virtue of the development of the society and economy, the "doctrine of privity of contract" as the stanchion of the "doctrine of autonomy and freedom of contract" in this field suffers enormous conflicts and challenges, even its value and function has been doubted and criticized. Actually in order to satisfy the requirement of the effective business activities, different countries in the world start to tackle the hurdles of "doctrine of privity of contract" by stipulating some exceptions of "doctrine of privity of contract" via case judgments and legislation which has been seriously ruined the whilom inviolablecredendum------the "doctrine of privity of contract".One of the characters of the contracts of carriage of goods by sea is that it involves one or even many third parties. Therefore, strict application of "doctrine of privity of contract" in this field will bring enormous conflicts and inconveniences in business and shipping practices which arouse a lot of disputes. Under such circumstances, this paper examines the exceptions of "doctrine of privity of contract" on contracts of carriage of goods by sea combined with practical and concrete disputes by the research approach of historical research, comparative research, legal construction hermeneutics and case study method. Above summary acts as a brief introduction of issues, methods, perspectives and...