"contract Law" "maritime Carriage Of Goods By Sea In The Application Of Research

Maritime Code of P.R.C is enacted as a law for maritime transport and Contract Law of P.R.C shall be effective to contracts including the contract of carriage of goods by sea so Contract Law is the general law and Maritime Code is the special one. However the inconsistent provisions between Maritime Code and Contract Law for the contract of carriage of goods by sea have resulted in some legal issues which have to be confronted by the judicial departments and parties of the transport contract. This thesis focuses on these legal issues, the relationship between Contract Law and Maritime Code and their proper application. Through a thorough study on the legal issues this thesis is about to point out that the articles of different laws shall not only be consistent with each other but also is to be practical.In Chapter One, this thesis specifically discusses the relationship between the general law and the special law and clarifies that among the laws applied to the carriage of goods by sea, Maritime Code shall be prevails over Contract Law and the articles of Contract Law shall be effective only if no provision in Maritime Code can be taken as a reference. Under the direction of the principle "the special law prevails over the general", this thesis studies some distinct legal issues that may be confronted by the parties in their process of entering, carrying, altering or canceling a contract and educes some suggestion for justice or legislation.In Chapter Two, this thesis studies two issues i.e. forms of contract and the formation of contract. In Maritime Code, there is no provision on whether shall the electronic message be definitely taken as writing form, this thesis is of an opinion that against the regulations of Contract Law the electronic message shall be of writing effectiveness. This thesis also predicts that some problems will be confronted by the judicial departments due to Contract Law provides no criterion for how to recognizing and confirming the effectiveness of the electronic message. As to the formation of contracts of carriage of goods by sea, this thesis gives support to the application of the Offer-Acceptance rule...