A Study On Delivery Of Cargo By Ocean Carrier

The object of this paper is the system of delivery of cargo by ocean carrier. To deliver cargo is one of the main obligations of the carrier under the contract of carriage, and also one of the main purposes of the contract of carriage. Completion of cargo delivery is a typical sign of the fulfillment of the obligations under the contract of carriage and termination of the carrier’s responsibilities. However, there exist very few statutes which clearly define delivery of cargo. Generally, delivery is a common concept of shipping practice, but delivery also means the termination of the carrier’s responsibilities, therefore the research on delivery system has important legal significance. This paper will discuss the delivery system with ocean carrier’s period of responsibility.This paper is separated into four parts, excluding the introduction and conclusion.The first part is an overview of delivery of cargo. It briefly analyzes the sources and nature of the delivery obligations of the carrier and points out that the carrier’s delivery of cargo is the performance of the debt under the contract of carriage. Then it analyzes the elements of cargo delivery by the carrier from the angle of when, where and to whom to deliver the cargo.The second part is to discuss the completion of the cargo delivery. As carrier’s delivery is to clear debt under the contract of carriage, the primary standard of whether the delivery is completed or not depends on stipulations in the contract. After an analysis on the doctrines of cargo delivery combined with the period of responsibility of ocean carrier and legal principles, it puts forward that the completion of cargo delivery should be multiple standards.The third part is the analysis from the angle of the process of cargo delivery under different circumstances. This part is divided into delivery under straight bill of lading and open bill of lading, telex release delivery and delivery of cargo to the port authorities.The fourth part analyzes the situation of obstruction of cargo delivery. Combined with the principle of debt elimination and relevant conventions and legislation, this part analyzes, in the case of obstructed delivery, the carrier’s rights and how to exonerate from the delivery obligations under the contract of carriage to terminate the period of responsibility.In the end the author makes a brief conclusion of this paper and puts forward some suggestions on the Maritime Code of PRC.