Study On The Litigants Of The Maritime Transportation Contract

As a significant starting point to balance interests between shippers and consignors, this essay is supposed to analyze the rights, obligations and the responsibilities of carriers, shippers, consignees, from the view of the relativity of contract and its breakthrough. In consideration of carriers, according to the characteristics of maritime transportations, the paper emphasizes some hot spots of actual carriers and NVOCC (None Vessel Operating Common Carriers). With an eye to shippers, this article analyses the definition of China Maritime Code and points out its deficiency. It defines the contracting shipper and the actual shipper, and further expounds the rights enjoyed by and the obligations and the responsibilities burdened upon them. With a view to consignees, by differentiate the meaning of it from its relations, this essay expounds the rights, obligations and responsibilities as the third party of the maritime transportation contracts. On the basis of above, some corresponding legislative suggestions are put forward in hope that they will play some referential roles for the legislative departments and in the practice of the sea transportation.This article's objective is that, under the clear definitions of the litigants of maritime transportation contracts, for the sake of solving the practical problems which due to the theory flaws of China Maritime Code, we will analyze their common grounds, and find out the best way to make their interests be in balanced. At last, the two parties will be better at protecting their legal rights and interests. It is of great importance for developing our maritime transportations and commercial transactions, as well as for them to catch up with the international fellow traders. At the beginning, we will under draw the general characters of the maritime transportation contracts. Second, we will going into particulars of their rights, obligations and the responsibilities. In the full consideration of the characteristics of China Maritime Code, referential international conventions and other nations'practical experiences, we will represent our own points of view.