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A Study On Delivery Of Goods Under Transport Law Draft Convention

Posted on:2008-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:W Q ChenFull Text:PDF
GTID:2166360212981244Subject:International Law
Abstract/Summary:PDF Full Text Request
Delivery of goods is considered as an important phase in the international carriage of goods by sea, which not only has relation to completion of certain duties under contract of carriage of goods by sea sustained by carrier, but also has impact on the benefits of both trading parties. Because of the link between international trade contract and contract of international carriage of goods by sea, there exist complicated legal relationships during delivery of goods. In addition, maritime performing party and controlling party are introduced into the domain of transport and endued pertinent rights or obligation under UNCITRAL Transport Law Draft Convention, which made the legal relation of goods delivery more complicated. The Draft Convention has some regulations relating to delivery of goods, which is limited and discussible. This thesis bases on the Draft Convention, uses the principles in our civil law, begins with defining the parties of the legal relationship of goods delivery, analyses and discuss the rights and obligations of the parties.This thesis includes four chapters in all.Chapter one is about basic theories on the delivery of goods, analyses and studies the concept, category and legal meaning of goods delivery, define the parties of goods delivery.Chapter two is about study on the rights and obligations of the parties. The first section analyses and discusses the rights and obligations of the carrier, emphasize on the possessory lien on cargoes, the obligation to deliver cargo against only original bill of lading, and the rights and obligations under frustration of delivery. The second section studies and discusses the rights and obligations of the consignee, elaborates whether taking delivery of goods is a right or a obligation of the consignee by using the theory of civil law. The third section analyses influence on delivery of goods because of the international trade contract and the instauration of maritime performing party and controlling party.Chapter three is about a study on delivery of goods under electronic transport records. Since it is different from delivery of goods under paperbacked bill of lading in respect of technology, the author puts forward corresponding legal hypothesis.Chapter four is the evaluation of the legal system of goods delivery under the Draft Convention and the use for reference to China Maritime Code. It firstly points out the strongpoint and deficiencies of the Draft Convention and put forward some advice. Then on the basis of the regulations under the Draft Convention, it analyzes the lack of Chinese Maritime Code and comes up with some suggestions for modification of the Code.The author hopes to further define the rights and obligation of the parties under the delivery of goods by writing the thesis, for the purpose to accelerate the constitution of Transport Law and perfect Chinese Maritime Code, and find theoretical evidence for the shipping practice.
Keywords/Search Tags:Transport Law Draft Convention, Delivery of Goods, Relationship of rights and obligations
PDF Full Text Request
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