An Analysis Of Visby Rules

As well known, The Visiby Rules is one of the three most important international conventions on sea transportation, and also is the main resource of maritime law. The Visiby Rules is only the amendment of The Hague rules, but contributes great to the construction and completion of the responsibility system under the Hague-Visiby Rules. In these days CMI(Comite Marine International) , appointed by United Nations Commission on International Trade Law, engage in draft new united transportation law, meantime many domestic researchers appeal to amend Chinese Maritime code(1993) urgently. Maritime law is such a strange one that became an independent law department while no special law governs road or air transportation. Though Maritime law came from international sailing and trade, it still need more research in theory, otherwise it will lose vitality. On the contrary, well theory research will do much for it's development. Considering above, review, analysis and comment on the Visiby rules really means much to our research and further pushing maritime law ahead. This dissertation is divided into three parts.The first chapter is mainly to introduce the time background and the process of the birth of the Visiby rules, also to read through the content to review the rules.The second chapter deliberates the core of the visiby rules. As the rules is not a huge code besides some clauses to govern the rules itself, we expound the main content, the clause 3 and the clause 2(e), total 4 paragraphs, which finally makes the law relating to bills of lading independent from civil law(common law). But these law can not totally deviate from civil law(common law), it is impossible to achieve any development without theory of civil law(common law),and you can find basic theory of civil law(common law) everywhere in the law governing bills of lading. So it should be meaningful to analyze these for our tracing the relationship between the maritime law and civil law (common law) by review, discussing and comment the Visiby rules. I think it must do good to our legislation to govern sea transportation.