Delay In Delivery Of International Maritime Transport

In international marine goods transportation,the delay in delivery hasbeen an important question which continuously puzzles a receiver and acarrier. The Hamburg Rule first time had explicitly stipulated in theinternational scope the concept of the delay in delivery as well as thecompensation responsibility that the carrier should undertake regarding thedelay in delivery. Maritime law of our country has profited from theHamburg Rule about the delay in delivery partial stipulations,andformulated the related legal system with our country's characteristics. Butbecause of Maritime law of our country regarding the definition of the delayin delivery, That the carrier to delay the delivery is supposed to undertakecompensation stipulation and so on responsibility scope as well ascompensation quota has the certain flaw,which results that the people havethe different understandings to the law system of the delay in delivery. Dueto in the judicial practices, considering that in the marine goodstransportation the question of the delay in delivery has the massivearguments and questions,this article attempts from the law systemestablishment of the delay in delivery and the carrier to undertake theconpensation responsibility which the receiver loses to exempt theresponsibility and the responsibility limit as well as the compensation scopeobtains, through comparative analysis with the related marine goods trafficinternational joint pledges,the main marine transportation great nationlegislations, Maritime law and Contract Law's of our country relatedstipulations,some domestic and foreign typical cases,and the method withapplying theory to reality, in discussing the issue of the delay in delivery inthe international marine goods traffic. Time borrows our country's Maritimelaw to revise, points out our country's Maritime law's existing legislationflaws on the delay in delivery and puts forward the correlation revisionproposals.