A Study On The Connection Between The Contractual Relationship Of International Sales Of Goods And The Contract Of Carriage Of Goods By Sea

Being an important part of the international trade of goods, the carriage of goods by sea takes the responsibility to transfer and deliver cargo from sellers to buyers. It's appearance satisfies the international trade's demand, and develops together with it. Accordingly, it seems there is some connection between the contractual relationships for both international sale of goods and carriage of goods by sea. When studying on the relating laws on these two domains, this connection of the both will influence our point of view, and even further to relating laws and regulations' legal value direction.But most of studies either emphasize the provision in laws and regulations, and ignore to integrate them from a wider visual angle. Or pay close attention to the gaps and omissions in the relating legislation of the both domain. Although they try to settle the inconsistence appeared between the two, they didn't' to reach the origin of existing problems and this leads to the impediment. Hoping to go back to the root of the problems, this thesis will be started from defining the "Connection" between the two contractual relationship, that is" to re-distribution the profit and risks by rights -and-duties system ", all of this is in order to get the substance of the problem. In this thesis, the problems such as parties, their rights and duties and the contractual clause and so on in both Contract of International Sale of Goods and the Contract of Carriage of Goods by Sea will be gradually analysed, and to prove the idea by so. Besides, it will be advised by this thesis that any revise, interpreting and appliance to the laws and regulations on Contract of International Sales of Goods and Contract of Carriage of Goods by Sea should fully consider the substance of the connection of the two, and make the parties' rights and duties be distributed equitably. The scientific method in this thesis includes history-study, comparing-study, cases-study and to interpret the laws and regulations and so on.The point of this thesis, the idea of settlement have been introduced above. All the idea here originate from my study and work during these years. I hope it can draw more attention on the problem and to make good effort on improving and perfecting the international trade and carriage of goods by sea.