A Thesis Of Stoppage In Transit By Sea

Right of Stoppage in transit by sea, refers to the execution of the contract for the sale, when no actual possession of the goods the buyer may lose the ability to pay or express, implied that it will not fulfill the payment obligations, the buyer before the actual possession of the goods not received entitled to the payment of the seller the power to suspend the carriage and re-possession of the goods to the carrier advocates. The Right of Stoppage in Transit by Sea was first set down by the common law countries, the law continues to develop, the common law countries has formed a complete stoppage in the right system. Comparatively, the related researches in our country are so late and the marine practices are facing the puzzledom envy no law to comply with. As the contract law’s establishment in1999which included some related regulations in this law, however these regulations haven’t considered more about the marine practices and properly brought some more conflicts to the marine practice. So it’s necessary to take the further researches of this subject, and expect to provide some benefit suggestions for the development of our country’s marine legislation.This article composed by five parts:Part one, the author mainly introduces the origin, concepts of the right of stoppage in transit; Part two, the author mainly introduces the characters of the right of stoppage in transit; Part three, the article mainly introduces the provisions the exercise and lose of the British and American’s right of stoppage in transit; Part four, the article mainly introduces the relevant provisions of the right of stoppage in transit under the Rotterdam Rules; Part five:the author mainly focuses on the legislative status quo of China’s stoppage of the system and the problems and propose recommendations to improve China’s maritime stoppage in the right system.The main conclusions in this article are as following:Firstly, the right of stoppage in transit is one way for the seller to relieve, however, if it’s the form right character is not clear in different status;Secondly, the article308of our country’s contract law filled up the blank of the right of stoppage legislations in our country, meantime, this article also brought the dilemma for carrier. So the right person should care more when apply this article;Thirdly, author suggests that our country’s system of right of stoppage should choose the pattern of harmonize the general law and the special law as its pattern. So we should add the contents of the right of stoppage in transit in CIVIC.