Research On Legal Issues Of Dispute Over Container Demurrage

In the practice of international carriage of goods by sea, disputes on container demurrage are popular. It is necessary for us to know its legal issues. For the one hand, it is good for the theoretical study, for the other hand, it provides some help to handle the disputes in the practice.The first part of this paper is about the background of this topic and the significance of this paper. This is the basis of the following writing.The second part of this paper is about the basic issues of the topic, and this is the logic starting point of the exposition. The author introduces the conception, characters, nature and the reasons, and uses the contractual fine theory, refusing the rent theory. It is necessary to emphasize the importance of these basic issues because they can influence the following issues.The third part is about the relative rights and obligations in the container demurrage disputes, and this is the main part of this paper. In this part, first, the author writes about the contractual rights and responsibilities of there parties, and then he connect several concrete issues on the topic of the paper. After a series of analysis, the author points out that the carrier has no obligation to give arrival notice, etc.The fourth part is about the legal remedy of the topic. In this part, the author mainly refers to lien and limitation of actions. In his opinion, the carriers' lien should be expanded, and the limitation of actions should be one year long. This part is the reflection of the pre-exposition, and it is very useful to the legal practice.The fifth part , at last, is about the content, the nature and the shortcoming of this paper.In a word, this paper comprehensively refers to the legal issues of container demurrage. It is hoped that there would be some significance to the theoretical study and judicial affairs.