Reserch On The Legal Issues Of Telex Release

The telex release has been widely exist in practice, and there are also increasing litigation disputes due to it. Currently, the relevant international conventions or domestic legislations all did not have relevant provisions about the telex release. And it is embarrassed that the judges may be make different rulings in a same case. There are a lot of uncertainties once cargo damage occurred that how to protect the right among the carrier, the shipper and the consignee and how to confirm the liabilities among them. Therefore, the research on the legal nature of the telex release; the contract carrier among the carrier, the shipper, the consignee and other holder of B/L; the right of control and right for damages will be of great significance to ensure the rights and obligations and legal liabilities of all the parties under the contract of carriage of goods by sea.This thesis firstly introduced the definition, the origin as well as the classification of the telex release, just as the foundation of the representation afterwards. By comparison with the contract carrier of the traditional B/L, this thesis tries to certify the legal ground of the contracting parties’rights and obligations under the telex release, and then analyses the right of control under the telex associated with the demonstration of the right of control under the<Rotterdam Rules>. Last but not the least, this thesis concentrates on the subjects who are entitled to exercise the right of sue, with the combination with the case. In consideration with the practice operation, this thesis further illustrates the situation under which the conduct is regarded as the content of the contract of carriage of goods by sea or just as the modification of the contract. Upon indicating the legal character, the thesis then discuss the legal basis of the exercising the right of control and the right of sue, based on the existing international conventions and the domestic legislations as well as the<Rotterdam Rules>.There are numerous methodologies applied in this thesis which includes method of comparative analysis, logical analysis and the combination between the theory and the case study. This thesis tries to make a rounded analysis on the relative issues in respect of the telex release, aiming to make a breakthrough both theoretically and practically.