Discussion On Breach Of The Privity Of Contract In The Contract Of Carriage Of Goods By Sea

From Roman law, "privity of contract" or "privity of debt" has become a cornerstone of contract or debt-related law system and played a significant role in the modern society. Nevertheless, "Privity of contract" whereas brings so much inconvenience in business practice of shipping law and it is favorable to break through the principle to promote the development of shipping industry. However, the breach shall be limited to an appropriate extent to guarantee the fundamental status of this principle in the contract of carriage of goods by sea.This dissertation contains four chapters. In Chapter One, the author first elaborates the rationale of breach of this principle in the contract of carriage of goods by sea. In Chapter Two, the author affirms the positive impact of endowing the B/L holder or consignee the right to bring an accusation against ship-owner under bill of lading by reference to the related legislations & cases in the UK and the USA. In Chapter Three, the author analyzes whether the seller under the FOB contract has the right to sue against the carrier and provides some suggestion to the amendment to Maritime Code of PRC in combination with the latest judgments of People's Court in China. In Chapter Four, the author, using comparing analytical method and focusing on the interest balance of all parities concerned, defines the legal position of carrier's employees or agents and brings forward personal opinions that the independent operator should not be deemed as actual carrier to enjoy the limitation of liabilities accordingly.Breach of or adhering to the principle reflects different legal values. The author draws a conclusion that under the precondition of not harming its elemental function we may break through this principle of the privity of contract in a moderate way in accordance with the shipping practice to realize the coordination and harmony of legal justice and stability.