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A Study On The Link Problems In The Contract Of Goods And The Contract Of Carriage Of Goods By Sea

Posted on:2008-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2166360212481232Subject:International Law
Abstract/Summary:PDF Full Text Request
In the international sales of goods, the goods need to be transported cross over the territory to finish the geographical position transfer from sellers to buyers. The maritime transportation is the most important way to transfer the goods. It is all known that the contract of sale of goods and the contract of carriage of goods by sea are regulated by the law of sale of goods and transport law respectively. As international and national legislation with regard to business and transport is different, so the contract of sale of goods and the transport contract cannot be connected effectively, which have hindered the smooth performance of the international contract of sale of goods greatly. The author from the view of international legislation, international customs and domestic law concerning sales of goods and carriage of goods by sea compares the similarities and differences between the law of sale of goods and transport law on indemnification, the obligation of delivering the goods by buyers and so on. Based upon above study, the author puts forward his own opinions about how to connect the contract of sale of goodsand the contract of carriage of goods by sea effectively.Chapter one discusses the connection of the contract of sale of goods such asFOB,CIF and the contract of carriage of goods by sea on booking, rate ofloading/discharging costs, THC payment.Chapter two, compares the similarities and differences between the law of sale ofgoods and transport law on control of goods and proposes suggestions of adding thiscontent in China Maritime Law, puts forward my own views on the connection of thecontract of sale of goods and the contract of carriage of goods by seaChapter three, compares the similarities and differences between the law of sale ofgoods and transport law on indemnification of damages of the goods and offers revisingsuggestions to China Maritime Law of this respect, puts forward my own views on howto connect the contract of sale of goods and the contract of carriage of goods by sea onit.Chapter four compares the similarities and differences between the law of sale ofgoods and transport law on the obligation of delivering the goods and offers revisingsuggestions to China Maritime Law of this respect.Chapter five probes into the effect that the new changes in the Transport Law Draftconvention on the carriage of goods [wholly or partly by sea] of the expansion of theliability period of the carriers, new regulations of delivering the goods without presenting B/L may have on the contract of sale of goods.
Keywords/Search Tags:Contract of sale of goods, Contract of carriage of goods by sea, Law of sale of goods, Law of carriage of goods by sea, Draft of CMI Uniform Transport code
PDF Full Text Request
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