Seaborne Cargo Control Over The Research

The coexistence of Hague Rules, Visby Rules, Hamburg Rules, as well as laws of carriage of goods by sea of different countries, has broken the unification of international laws in this field. Thanks to the efforts and cooperation of CMI and UNCITRAL, the Draft Instrument on Transport Law has been finished. Several absolutely new conceptions and systems are introduced in the Draft, and the Right of Control is the one among them.The dissertation expounds on the Right of Control of goods carried by sea and consists of five parts except the foreword and conclusion.The foreword introduces the background of the Draft, as well as the major idea, the content, the study ways and purpose of the dissertation.Part one is about the present statement of legislation of the Right of Control. By introducing the legislation process of the Right of Control and the disputes on it, the article analyzes the rationality of the existence of the Right of Control.Part two is about the system of Right of Control. First, the article introduces the regulations of the Right of Control in the Draft and makes comment on them, and the definition of Right of Control in this dissertation is explained as well; Second, by analyzing the nature of Right of Control, the article concludes that the Right of Control has the nature of substantial right, creditor's rights and right in forms; Third, the article analyzes the necessary of the existence of the Right of Control.Part three is about the performance of Right of Control. First, the article discuss the subject of the Right of Control, and points out that the subject is limited to carriers, not including actual carriers; Second, the article points out the object of the Right of Control is conduct rather than property; Third, the article analyzes the questions on performing conditions, performing ways, the...