On "contract Law" On Certain Aspects Of The Contract Of Carriage Of Goods By Sea

Surrounding relevant stipulations in the "Law of the People's Republic of China on Contracts (Law on Contracts)" and the "Maritime Law of the People's Republic of China (Maritime Law)", and combining my own judicial practice for nearly one year since the "Law on Contracts" was promulgated and enforced, this dissertation entirely and systematically formulates the different stipulations on marine goods transportation in the two laws, and conflicts and adaptability existing in practice from point of view of the basic theory of civil and commercial law, international marine custom, maritime judicial practice etc. Through analyzing the benefit conflict and balance between the parties in marine goods transportation contract, such as shipper, carrier and consignee etc., own views on relevant theory and practice are raised out, modification proposals on conflicts are raised out as well.There are five chapters in the whole dissertation. The preamble puts forward new questions on marine goods transportation contract that is adjusted by the "Maritime Law" since the "Law on Contracts" was promulgated, raises out issues to be settled for the application of the two laws, the structure studied by this research topic and the target to be reached.Chapter One mainly formulates whether the nature of sailing date notice is quotation or invitation to quotation, whether booking is confirmation or quotation based on that the process of concluding a contract in the "Law on Contracts", i.e., quotation and confirmation enlightens the marine transportation contract conclusion; through analyzing the process of concluding liner transportation contract and voyage chartering contract, tries to find out the concluding rules to marine goods transportation contract so as to supply theoretical and legal evidences to better understand the effect of concluding marine transportation contract; determines the contractual rights and obligations of both parties in the marine goods transportation contract through analyzing the rescission and suspension of marine goods transportation contract.Chapter Two briefs new contents brought up to partial rights and obligations of the shipper since the "Law on Contracts" was promulgated and enforced, concentrates on analyzing the right of stoppage-in-transit to the shipperbeginning with identification of shipper, as well as formulates the nature of such right and attentions to be paid during performing such right, clarifies the rights and obligation between the shipper, carrier and consignee during performing the right of stoppage-in-transit.Chapter Three mainly formulates different adjustments on the duties of carrier by the "Law on Contract" and the "Maritime Law", inquires in the rights and obligations of the carrier in ten Sections, analyzes the benefits of each party in marine goods transportation contract, raises out attentions to the carrier when the carrier achieves its own rights and performs its own obligations and the conflicts on the application of the two laws, as well as gives answers to the issues of legal application through balancing the two laws.Chapter Four briefs the determination of harmful consequences and differences in compensation by the two laws, formulates the determination of goods damage compensation amount and the compensation rule to legal consequences caused by diversion.The End briefly summarizes the main views of the author based on the researching achievements.HUSHIXIN (Science of international law) Directed by YAC+IONGXIU...