Actual Carrier System Research

The concept of "actual carrier" first appeared in air transportation area. In shipping area, neither the Hague Rules nor the Hague-Visby Rules has this concept. With the developing of oversea shipping, more and more carriers prefer to let the cargoes shipped by other carriers who didn't have contract with the shippers. To resolve the problem of identification of carrier, Hamburg Rules first used the concept of "actual carrier" in shipping area. According to this rule, Chinese Maritime code adopted the concept. By now, more and more countries realized the importance of this concept and became to accept this concept. The "actual carrier" is a characteristic legal concept under the Hamburg Rules and Chinese Maritime Code. It is of great significance both in theory and in practice as to clarifying the complicated relations in the international carriage of goods by sea.However, the related cases and theories are undeveloped up to now and many problems are still remaining in practice and in the theory. In this thesis, the author makes a systematic study on the "actual carrier" on the basis of the provision of the Hamburg Rules and Chinese Maritime Code.First chapter, the author mainly analyses the concept of the "actual carrier", gives the more exact definition for "entrust", "sub-entrust", "carriage of goods by sea".Second chapter, provides the identification of carrier, and makes it as clear as possible of how to identify the "actual carrier".Third chapter, on the basis of Chinese maritime law, civil law and contract law, the author analyses the relationship between the actual carriers, the shippers, the receivers and also analyses the resources of the liability and the right of the actual carriers. The author try to find a way which can beyond the rule of privity of contract and establish a certain contract relationship between shippers and actual carriers,Last chapter, the author studies the time bar related to the actual carrier, points out some defect in Chinese Maritime Code. The contract parties should be allowed to extend the time bar under their agreement.Above all, the author hopes to provide some valuable references for perfectingthe legislation of the "actual carrier" and guiding the judicial practice.