Liability Of The Carrier Delay In Performance Of The Carriage Of Goods By Sea

In the modern world the international trade demands more swift and punctual carriage service, and the swift and punctual delivery has become as important as the safety of the cargo in the competitive commercial environment. It is Hamburg Rules that first made provisions regarding delay in delivery in the international convention. Accordingly, the Maritime Code of the People's Republic of China( hereinafter referred to as the Chinese Maritime Code) also applies to delay in delivery. Yet, the Chinese Maritime Code does not lay down regulations regarding the reasonable time during which the carrier should deliver the cargo. Meantime, the Chinese Maritime Code has some flaws in the regulations as to the measures of damages arising from delay in delivery and the limitation of liability. Therefore many disputes arise from delay in delivery in the judicial practice.The paper tries to study the carrier liability for delay in delivery in comparison with the relevant regulations in the international conventions, Transport Law Draft convention on the carriage of goods [wholly or partly][by sea], the acts of the carriage of goods by sea of some countries and our country and some judicial sentences, and puts forward my own opinions about flaws in the regulations regarding delay in delivery.The first chapter studies the constructive conditions of the liability of the carrier for delay and the scope of delay in delivery in Article 50 of the Chinese Maritime Code is especially paid attention to. The second chapter studies the loss arising from delay, causation between the loss and delay and exoneration. The third chapter analyzes the special regulations in the Chinese Maritime Code regarding the limitation of liability of carrier and the notice of economic loss resulting from delay. The fourth chapter analyzes the liability of the carrier for delay of the carrier beyond the duration of responsibility.