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The Relevant Legal Issues On The Returned Cargo In Container Liner Transportation

Posted on:2009-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2166360272487480Subject:International Law
Abstract/Summary:PDF Full Text Request
During the international trade and transportation, the carrier who possesses the cargoes takes an important place. Divers persons will assert their rights about the cargoes. The carrier may be in a dilemma. This paper focus on one situation—the relevant legal issues on the returned cargo in container liner transportation .Returned cargo means the shipper request the carrier to return his cargo to the receipt place or to a third port after the shipper entered into a contract of carriage with the carrier and has delivered the cargo to him. Obviously it'll be a totally new contract if the consignee requires the carrier to return cargo back to the place of receipt or transport to a third port. Here we'll focus on the shipper's rights concerning returned cargo. Whether the shipper has the right to withdrawal cargo and what attribute it is are what we care about. During the marine transportation, there are three stages: before the voyage, during the voyage before delivery, after arrival at the destination before delivery. Withdrawal cargo in the different stage will bring different consequence. First, this paper put the emphasis upon the theory relation of contract modification and termination in the carriage of goods by sea. It arrivals at a conclusion that withdrawal cargo in the first stage belongs to the contract termination; in the second stage it belongs to the contract modification; in the third stage it turns into two cases, when the shipper hold the bill of lading it belongs to the contract modification, when he doesn't hold it the request of withdrawal will be considered an offer of entering a new contact to the carrier. In view of law today, the Contract Law and CMC lack of relative rules. Basis on the case whether negotiable transport document is signed or not, the paper compares the right of control in international carriage of goods by sea, with the relative rights in other transport forms," stoppage in transit". Finally, it put forward some advice to complete the provision when the shipper withdrawal cargo under the present law and legislating development of our country.
Keywords/Search Tags:Modification of contact, Termination of contract, Returned cargo, the Right of control
PDF Full Text Request
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