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Second Shipper In The Contract Of Carriage Of Goods By Sea

Posted on:2002-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:S H YuFull Text:PDF
GTID:2206360092481597Subject:International Law
Abstract/Summary:PDF Full Text Request
Shipper is an important party among contract of carriage of goods by sea. Current maritime code of PRC offers two separate definitions on shipper, and different opinions arise on this matter of view. What is the purpose by these two definitions? Does it mean a second Shipper simultaneously? What is the precondition if there does exist a second Shipper and what is the legal consequence thereof?Studying on general law principle, up-date views in Maritime circle as well as the shipping practice, the article is written to research the possibility and reality of the second shipper and offers own opinion on its role in contract of carriage of goods by sea, trying to achieve better understanding on law application towards this issue, hoping to find out the true profile of law which could smooth the practice.By analyzing the current saying on this issue, the article reiterates the possibility of the second shipper in same contract of carriage of goods by sea, by which if the shipper who concluding the contract defers from the shipper who delivers the cargo to the carrier, there could be the second shipper.To reach the full view, the article studies some different opinions among the in-home academic circles and court legal practice and discusses the necessity of the role of the second shipper in the contract. Besides, the article pays attention to the purpose why the current law establishes the second shipper and takes this the platform to states out some own views which do not cater to the common saying. Meanwhile, efforts are paid to research the reality of the second shipper with the special a eye in field of shipping practice, aiming to offer the better understanding upon the law application on the issue.At last, based upon personal realization and experience after ten years working in this circle, the article points out some settlement program or new understanding to the main disputes which cause troubles in daily business. By integration of theory with practice, the article deals with some disputable issues including establishment of the contract, wording account of B/Ls, issuing of B/Ls, payment of freight and liability of shipper, trying to have a more legal conclusion on law application to the second shipper.
Keywords/Search Tags:shipper, the second shipper, contractual shipper, delivery shipper
PDF Full Text Request
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