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Research On The Liabilities During The International Multimodal Transport

Posted on:2010-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q X XuFull Text:PDF
GTID:2166360275957117Subject:Economic Law
Abstract/Summary:PDF Full Text Request
International Multimodal Transport of Goods as a result of the existence of various forms of transport, transport large span of space, in a contract of carriage of goods in general there are several sections under the sub-contract issues such as carrier, in the event of damage or loss of goods situation, how to determine the loss of goods, the responsibility to determine what the applicable law should be used, how to determine the multimodal transport operator, the actual carrier of liability for cargo and multimodal transport operator and the actual recovery of the carrier's customs, which are carefully studied and we should be problems found by solving the above problems of China's current lack of legislation, to propose effective recommendations to improve the legislation, from the legal system to achieve on the International Multimodal Transport of Goods and Regulation of the regulation and control.The article referred to the carrier in addition to clear is the actual carrier (ie, inter-modal transportation contracts in the sub-contractor), are referring to include the multimodal transport operator, multimodal transport sub-contract all parties involved in carriage of goods by the carrier. In order to address these legal issues, the article using the methods of legal interpretation, analysis and comparison of methods, from Britain, the United States, France, Germany and other developed countries on the International Multimodal Transport of Goods legislation and loss responsibility for damage to the multimodal transport of goods as defined in the relevant jurisprudence, Multimodal Transport of Goods in China combined with the legal responsibility on the legislative and judicial practice theory, International Multimodal Transport of Goods through the analysis of cargo and multimodal transport operator's contractual obligations, sub-contracting parties (that is, the actual carrier) and goods between the relationship between actual performance and operation of sub-contracting parties to the relationship between the recovery in light of the current nations on the International Multimodal Transport of Goods liability of the theoretical basis for design of the system, the causes of the adoption of the latest mainstream of jurisprudence and legal theory point of view, from the multimodal transport contract to participate in the status of the parties, the right to inter-country legislative requirements, as well as a balanced perspective of the judicial practice of the best legal solution to a fairer and more reasonable to establish the responsibility of the system to provide support to the judicial practice and legal theory and legal analysis of the amendment to provide some proof and recommendations, called on China to speed up the legislative branch of the multimodal transport special legislation.
Keywords/Search Tags:Multimodal transport operator, Sub-contractors, Carrier, Liability limit, Responsibility system
PDF Full Text Request
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