Study On Burden Of Proof In Cargo Claim Under The Contract Of Carriage Of Goods By Sea

Most of the maritime cases that Chinese maritime courts have entertained are marine cargo claim cases. Reasons for bringing marine cargo claim cases are various, while in this thesis the author mainly discusses those who arising from cargo damages or losses under the contract of carriage of goods by sea. In marine cargo claims, the conclusion of the actions are mainly affected by how to bear the burden of proof, how to allot the burden of proof and who loses lawsuit when cases can't be definitely proofed. As the allotment of burden of proof comes from the provisions of entity law, it should pay more attention to the provisions concerning burden of proof in the entit(?) law. In this thesis, the author mainly discusses the burden of proof in the field of entity law, specifically analyses burden of proof in marine cargo claims connecting with the relevant provisions in civil, maritime litigation and certain international conventions. Hoping it will be helpful to people working in maritime fields.There are four chapters in total. In Chapter One, the theory of burden of proof ha(?) been discussed on the base of basic law. This chapter focuses on the conception of the burden of proof, the allotment of burden of proof and the significant of this research. In Chapter Two, the author emphasize the existence of distinguishing principals as the allotment of burden of proof , exemption of burden of proof, reversal of burden of proof and presumption of burden of proof in maritime actions. The thesis emphasizes the third and the forth chapter. In the two parts, the author discusses the application of burden of proof in marine cargo claims respectively from the angle of the claimant and the carrier. In Chapter Three, the papers focus on the burden of proof for the claimant concerting with loss of or damage to happened during the carrier's responsibilities. Chapter Four mainly discusses overriding obligation clause and the burden of proof for the carrier of seaworthy, taking care of cargo and exemption.