Study On Non-Taking Delivery Of Goods At Destination Port

In the ordinary course of events, the consignee is bound to accept the goods carried by sea upon its arrival at the destination port. But exceptions still exist. In consideration of various reasons, sometimes, after the carrier carries the goods to the port of destination, there will appear that no one is waiting to accept the goods. At this stage, either the carrier doesn't know who the consignee is at all, or the carrier is expressly told by the consignee that they will not accept the goods. Although, according to common understanding, it seems that it is the consignee's right to accept the goods at the destination, which means the consignee can choose whether he will accept the goods or not, the carrier is sure to suffer a lot of damages and loss, if the consignee chose not to accept the goods, such as the loss of freight to collect, fees for exceeding the time limit of using the container, fees for stacking and depositing on the wharf, fees for refrigeration of the refrigerated container, etc. Therefore, the author hopes for the sake of the carrier, to provide the carrier as many remedies as possible by writing this paper.In the first chapter of the paper, the author briefly introduces the general situation of the mentioned matter. Then the two important parties, the consignee and the consignor, are defined and recognized by analyzing the nature of the contract of carriage of goods by sea in Chapter Two. And the most important part, Chapter Three, explains in detail how the carrier remedies his interests under our laws when the consignee doesn't accept the goods. In the meanwhile, the author proposes his own opinions and suggestions in respect of those deficiencies in the law.Seeing that the number of similar cases is increasing, the author tries to analyze the problem from the law's point of view, in order to provide instructive advice to practice.