Contract Of Carriage Of Goods By Sea Involving A Third Party Interests

Research into the contract of carriage of goods by sea concerning the third party is to solve problem on the rights, duties of the third party .establishing the standard which he is deserved of the third party .what's more , the benefit of the third party should be protected .which is an inevitable trend in China as well as in the world. The research on the problem in respect of the third party is not only meaningful in theory but also valuable in practice.The structure of this thesis is arranged for as follows, chapter one mainly introduces the varieties of the third party and puzzle faced with him in the contract of carriage of goods by sea ,as a result .the problem is put forward .In order to explain the relation of the rights and duties of the third party .chapter two points out the nature of the contract .In this chapter .the paper introduces all sorts of views regarding nature of the contract of carriage of goods by sea and defects of these views .and moreover .makes my point of views about these problems and their advantages clear ;The third chapter is the most important part in the paper .the core subject is the rights and duties of the third party .First it shows that the third party mainly refers to holder of bill of lading .second, it investigates relation of rights and duties between the third party and the others .Last ,it expounds the contract of carriage , the transfer of property and venture, which has an impact on the rights of the third party ;Chapter four mainly studies the remedy for the rights of the third party when they are impaired ,the remedy is based on research into Code of carriage of by sea .The methods of research I adopt are as follows: one is intercrossing of both landscape orientation and portrait comparison, and the former is embodied on the regulation in connection with the third party .the second is method of case analysis, mainly by studying Lloyd's report so as to probe the history of each rule, the base of the judge's judgment and the essence of the law behind it The last one is method of integrity and segment, the chapter displays kinds of the third party .gives an idea of the third party in general, and then introduces the third party step by step.