Contract Law Of The Contract Of Carriage Of Goods By Sea

Abstract As we know, the relation between contract and Contract of carriage of goods by sea is general law and special law. So, with the change of contract law, Contract of carriage of goods by sea will change. After the adoption of contract law of China, it will, I think, deeply influence Contract of carriage of goods by sea of China. In this thesis, what I firstly introduce is the relation between contract law and Contract of carriage of goods by sea, secondly about the relation in two legal system, namely Common law system and Civil law system, thirdly the regulations on Contract of carriage of goods by sea in international convention and routine, last is something about contract law of China and Contract of carriage of goods by sea of China. Some new theories such as equality and free will, equity, good faith, standard contract, and all kinds of defenses, which adapting to the requirements of market economy , are made out in contract law To Contract of carriage of good~ by sea , the shoitcornings are some points, for example, how to deal with the goods which is picked up by nobody, or is delayed to pick up, or is refused to pick up, how to make use of lien, detained delivery, or different damage in contract law and maritime law. According to the routine about general law and special law, if something has been made out in special law; we should abide, if not, we may look for answer in general law. However, maritime law has her own characteristics, we cannot make resolution only by contract law; if we do so, we probably make mistakes. When we revise Contract of carriage of goods by sea, we will have to consider the relevant regulation in contract law. Then 1 mainly tell the influence on Contract of carriage of goods by sea from contract law. What抯 more, I has make a prediction of contract law and Contract of carriage of goods by sea, mainly about electronic contract and electronic exchange, evidence, safety and damage in electronic exchange and so on. We can make a conclusion that contract law will promote Contract of carriage of goods by sea, and the revision of Contract of carriage of goods by sea will also embody the specialty of contract law. Two will benefit to each other.