The Obligation Of Taking Delivery Of Goods Under International Contracts Of Carriage Of Goods By Sea

Non-taking delivery of goods at the port of destination often occurs in the carriage of goods by sea, especially in the container liner transportation. Since such goods are always cheap agricultural products and primary products, it is quite difficult for carrier to get sufficient compensation. Carrier suffers great economic losses. This is the very starting point of the thesis.This thesis begins with the definition and basis of "taking delivery of goods" and, by analysis, concludes that taking delivery of goods is an obligation of contract of carriage of goods, not a right. Through analysis of different legal statuses of the parties of contract, this thesis further specifies that consignee and shipper, and consignor in special circumstances, are all subjects of this obligation. Whether consignee and shipper or consignor and shipper are the obligors, they are joint debtors. However, their legal statuses are in fact different. Consignee should be the first obligor, whose failure of performing his obligation of taking delivery of goods properly will bring shipper to do so. When consignor and shipper are debtors, consignor should precede to perform the obligation.After that, this thesis discusses how to perform the obligation of taking delivery of goods properly and when a violation happens. Since the violations mostly relate to the time of performing, they are divided into delay in taking delivery and non-taking delivery. In the circumstances of delay in taking delivery, carrier is granted to have a lien on the debtor's cargo. If it is non-taking delivery, carrier will have drawing right and carrying back right to the cargo. Carrier is entitled to claim against the debtors for compensation in the both violations.This thesis takes some related regulations from UNCITRAL Transport Law and many scholars' views for reference. On the basis of analysis of different arguments, some legislation suggestions are provided. Author hopes that this thesis could be helpful to the practice of taking delivery of goods in the carriage of goods by sea.