Discussion On Some Problems About The Contract Of Carriage Of Goods By Sea

According to the maritime law system of our country, waterway transport of goods should be divided into international carriage of goods by sea, and coastal and inland water transport of goods. The former is mainly regulated by the Maritime Code of the People's Republic of China coming into force in 1993, which is applicable to international carriage of goods by sea between the ports of China and those of foreign countries, and it is called international waterway transport of goods for short, the latter is regulated by such rules as the Civil Law, the Law of Contract and the Rules and Regulations for Domestic Waterway Transport of Goods, which are applicable to waterway transport of goods between the ports of the People's Republic of China, and it is called domestic waterway transport of goods for short. This dissertation provides discussions on several issues, which often call people's close attention in the contract of waterway transport of goods. The first chapter is an introduction. After introducing the legislative background of the Law of Contract, it analyses the relations between the Law of Contract and the Maritime Code, and its influence on the contract of domestic waterway transport of goods in China, and introduces the main features of the Rules and Regulations for Domestic Waterway Transport of Goods and the Rules and Regulations for Handling Goods at Port. The second chapter discusses the legal features of liner service schedule. Having questioned such an opinion that liner service schedule is a kind of offer, this chapter points out that it is, according to its characteristics, invitation for offer. The third chapter is about the principle of responsibility. Beginning with the definition of the principle of responsibility, this chapter provides an analysis on the strict liability system established by the Law of Contract and its great effect on the laws and regulations for waterway transport in China. The forth chapter concerns lien. Having elaborated the definition and the general features of law of lien, It expounds several key problems about maritime lien, such as the understanding of the goods?set out by Article 87 of the Maritime Code, several aspects we should pay close attention to when we resort to maritime Lien. With regard to the issue about the goods not been taken delivery of, the fifth chapter provides an analysis on its definition and features, and elaborates the rights of the carrier for the goods not been taken delivery of: such as exoneration of responsibility of delivery by B/Ls, lien for goods not been taken delivery of, and the rights of disposing of the said goods and making claims against the shipper; and elaborates the obligations of the carrier for the goods not been taken delivery of as well: such as the obligations of notice and reasonable disposal of the said goods The sixth chapter deals with the limitation period for claims against the carrier with regard to the domestic waterway transport of goods. It mainly analyses the original consideration of such legislation as: ?80-day limitation period?set out by Article 90 of the Rules and Regulations for Waterway Transport of Goods 1995, and its legal features, and points out that such limitation period for claims is not scheduled period, but limitation of action. Furthermore, it also analyses the conflict between this and the one-year limitation of action set out by the Maritime Code. Having analyzed and discussed several issues concerning contract of waterway transp...