The Research Of Legal Status And Role Of The Port Authorities And Other Third-Party Of "Rotterdam Rules"

As an important transport documents and trade documents, bill of lading has been playing an important role; As an international practice, delivery of goods with bill of lading at the international trade has been generally followed in the maritime transport business, if not the carrier should bear the responsibility. For a long time, people have an in-depth research on the causes of liability and the responsibility of this issue, which has made an unified understanding on the main responsibility, the type of responsibility, and the scope of responsibility of the carrier, the actual carrier and their agents and the port operators. The provisions of "Rotterdam rules" in Article XII about the authorities or other third parties, adopted last year, have hampered the delivery of carrier, which made it more complicated of the issue of delivery without the bill of lading.In this paper, I introduce a number of special port authorities, who involved in the delivery of the goods from the three cases, as well as the problems arising, then introduced the authorities and other third parties who receive goods on "Rotterdam rules", and made analysis and interpretation. This paper demonstrated whether the authorities and other third parties to receive the goods have a legal basis for the support. I think that the port authorities or other third party as the main public body that they are not the main body of private law, so they cannot afford any private relationship between the carrier or the consignee; On the other hand, the authorities or other third-party is not a party of contracts or bill of lading, who do not enjoy the rights or obligations of the contracts or bills of lading, if there has occurred loss or damage to the goods because of intention or negligence of the party or parties, it is difficult to find the responsibility and the main ways of accountability, So such rules in individual countries is open to question because of the lack of adequate legal basis. In this paper, the fourth chapter is devoted to the destruction to the normal transportation. For the sellers and the banks, it is possible to bear the risk of payment. The final chapter is the analysis on response of "rules", from the two aspects between the responsibility and exporter how to avoid opinion.From the view of the receipt of the goods of the authorities and other third-person, this article made a more detail demonstration on this particular issue, I hope that it would enable us to have a certain awareness and understanding on the issue through this article, and can give rise to a deeper study and exploring of more businessmen and academics on this issue through this paper, in order to make contributions to maritime legislation and the administration of justice.