The Concept Of The Actual Carrier, The Rights And Obligations And Responsibilities

The actual carrier is a characteristic legal concept which first appeared in air transportation .It was Hamburg Rules which first set up this concept in ocean shipping legislation, and then was Chinese Maritime Code. It is of great significance both in theory and in practice as to protecting the rights of related parties in the international carriage of goods by sea. But up to now, there are quite a number of problems to be resolved at the aspect of actual carrier in shipping acts and legislation and the related cases and theories are undeveloped. This paper makes a systematic study on the concept, rights, obligations and liabilities of the actual carrier on the basis of the provisions of the Hamburg Rules and Chinese Maritime Code.Chapter 1 mainly analyses the concept of the "actual carrier" and gives a clear construction of the word "entrusted", "sub-entrust" and "the performance of carriage of goods". The author suggests that the definition of the "actual carrier" in Chinese Maritime Code had better be amended as below : Actual carrier means any person that engaged in the physical performance of carriage of goods by sea ,or of part of the carriage, according to the contracts concluded with the carriers directly or indirectly. Chapter 2 studies the rights and obligations of the actual carrier The author points that the rights and obligations of the actual carrier should be stipulated separately and clearly . Chapter 3 analyses the actual carrier's liabilities. The claim against the actual carrier is based on intrusion. The joint liability between actual carrier and carrier is the unreal joint liability.The author hopes to provide some valuable references for perfecting the legislation of the actual carrier and guiding the judicial practice.