Taking Delivery Of Goods In Carriage Of Goods By Sea

the world trading is developing continually, and the role of carriage of goods by sea is more remarkable, in order to solve the problems arising in business and law on the tache of taking delivery of goods, and to meet the developing requirement of the society, this paper tries to introduce and expatiate the issue of taking delivery of goods in carriage of goods by sea across-the-board, and strives to get a deep comprehension on the basic theories and the condition of non-taking delivery of goods, meantime to have a proper,general and uniform cognition to offer useful assistances to the shipping or foreign trading companies and the maritime courts.This paper includes four chapters in all.Chapter one is about the basic theories on taking delivery of goods. This chapter begins with defining the definition and property of taking delivery of goods, and then puts forward the viewpoint that taking delivery of goods has both nature of right and duty under contract of carriage of goods by sea.Chapter two is about the performance of taking delivery of goods. This chapter analyses the main body,content and the premise of performance, the writer thinks that: the main body of taking delivery of goods includes the consignee,the holder of b/l and the shipper; when the goods arrives the port of destination, the carrier has the obligation of delivery and conditional notify.Chapter three is about the condition of non-taking delivery of goods at the port of destination and the legal relief to carrier. In practice, the condition of non-taking delivery of goods in port destination often happens, which caused by kinds of reasons, and will bring various damages or losses, thereinto the carrier is the most suffered one. This chapter combines with our country's correlative legislation and other country's and area's law and international conventions, puts forward three means: (1) the master discharges the goods into warehouse or other appropriate places; (2) the carrier has a lien on the cargoes, and applies the court to sell by auction; (3) the carrier deposits the goods. This paper tries to perfect the legislation of our country, and construct the integrated legislative system of non-taking delivery of goods in maritime law, in order to guarantee every party's benefit and reduce the wastes to the wealth of society.Chapter four is about the conclusion of this paper.