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Contracting Shipper's Rights, Obligations And Responsibilities Study

Posted on:2006-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:S DengFull Text:PDF
GTID:2206360182456357Subject:International Law
Abstract/Summary:PDF Full Text Request
Shipper is one important party of the carriage of goods by sea. But there have been held strong debates about the definition of "shipper" specified in CMC. In China, its definition, borrowed from the Hamburg Rules, covers the sender of the goods with a view to protecting the legitimate rights and interests thereof. In this thesis, the person, by whom a contract of carriage of goods by sea has been concluded with a carrier who is involved in the contract, is referred to as Contracting Shipper, and the person, by whom the goods have been delivered to the carrier, Delivering Shipper. By seeking references from a great many domestic and foreign laws and regulations, international conventions as well as cases at home and abroad, this thesis goes deep into the rights, obligations and liabilities of the Contracting Shipper.This thesis falls into three the first chapter, a survey of the definition of "Shipper" in the maritime laws at home and abroad, especially its changes, is made and then it analyzes the theoretical predicament and practical dilemma caused by the definition of "Shipper" set out in CMC. Therefore, it is put forward that the two types of shippers should be defined respectively as "Shipper" and "Consignor" and that the classification of the Contracting Shipper should be laid on the basis of a transport contract.Chapter Two focuses on the rights of the Contracting Shipper. First, the right to obtain transport documents is expounded with a detailed analysis of illegality of detending Bill of Lading after B/L is signed in the shipping practice, then a viewpoint comes up with that the Delivering Shipper enjoys priority over the Contracting Shipper in obtaining transport documents if the two types of shippers co-exist and vie with each other for B/L. Second, by introducing the Right of Control provided for in UNCITRAL Instrument on Transport Law, the thesis studies how the Contractng Shipper uses the Right of Control in transit, pointing out that the Right of Control is transferred with the transfer of B/L. And it also touches on something that theContracting Shipper should be aware of when he is executing this right and comments on Article 308 of Contract Law of PRC. Then the thesis shifts to the Right of Cancellation of contract of carriage of goods by sea by the Contracting Shipper before and after the carrying ship sails from the port of loading and to the System of Random Cancellation in the Continental System of Law. At last, the focus is cast upon the Right of Suit whether or not enjoyed by the Contracting Shipper against the carrier under non-negotiable or negotiable Bill of Lading, a serious question disputed in the judicial practice when the B/L has been transferred to a third party. On the basis of a profound research of current viewpoints in this respect, the thesis points out that it is necessary for the Contracting Shipper to be vested the Right of Suit against the carrier when he suffers a loss or damage after the B/L is transferred to a third party. It also expounds the value of the relevant provisions in the UNCITRAL Instrument on Transport Law in terms of revising CMC.Chapter Three studies the obligations of the Contracting Shipper to prepare and deliver the agreed goods ready for carriage within the specified period, to provide the reasonable and necessary information, instruction and documents requested, and to pay the agreed amount of freight. It also studies the principles of dealing with the liabilities borne by the Contracting Shipper in breach of contract, especially the liabilities of the Contracting Shipper when shipping dangerous goods, and the relationship between the obligations and the liabilities borne by the two types of shippers.In the preface, a brief introduction about the choice of the topic is given. In the conclusion, the contents of the whole thesis and the way of argument are summarized.
Keywords/Search Tags:shipper, contracting shipper, delivering shipper
PDF Full Text Request
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