Studies On The Right Of Control In International Carriage Of Goods Carried By Sea

During the international carriage of goods by sea, there is a need for the cargo interests to be able to give instruction to the carrier, for example, if the goods are sold or resold in transit or if becomes apparent, during transit, that the consignee arid buyer of the unpaid goods has become insolvent. In order to meet the need from trade, it has been felt that UNCITRAL Draft Instrument ought to deal with the right of control, partly because bills of lading are in many trades to a large extent replaced by waybills, and partly because a well defined and transferable right of control may play a useful role in the development of electronic commerce.Besides Preface and Conclusion, this dissertation is divided into 4 chapters as follows:Chapter 1 first introduces the occurrence of right of control,and then analyzes the reasons for constructing the system of right of control from two aspects,namely,it's the requirement of joining trade law with transport law and the development of the system of document in maritime law.Chapter 2 first clarifies who can be the controlling party and then introduces the content of right of control prescribed in the Draft Instrument on , also expresses the author's understanding about the content of right of control.Chapter 3 expatiates on the legal character and execution of right of control.And on the foundation of Chapter2 ,the author thinks the right of control should be a legal right and have the function of document of title.Chapter 4 mainly discusses the right of control and perfection in Chinese law. In Chinese legal framework, the Maritime Code does not stipulate the regime of right of control, and the Art.308 of Contract Law is only about the general stipulation which cannot adapt the special demand of the carriage by sea. According to above analysis, the author opines that China should profit from the successful place of UNCITRAL Draft of Transport Law and introduce the right of control in Chinese law. The author also puts forward the related proposals.