| In the shipping practice, the phenomenon that no one taking delivery at thedestination port occurred from time to time. The carrier undertakes a lot ofresponsibility they should not bear due to no one taking delivery of the goods. In thisarticle, the author collected some cases from three maritime courts (Shanghai, Ningbo,Guangzhou) between March2007to March2012, and then used the statisticalknowledge to analyse the situations, causes, cost burden, subject of liabilities andmeans of relief of carrier when no one takes delivery at the destination port. Finally,summarized the effective ways of rights protection of carriers: on the one hand, thecarrier must identify the one who bears the responsibility of compensation, namelythe shipper who were wrote on the bill of lading and consignee who has set out tofulfill their obligation of taking delivery of goods; on the other hand, the carrier shallinform the shipper timely the fact that non-taking delivery of goods at the port ofdestination, and do following things in accordance with the shipper’s instructions, at the same time exercise the right of recourse.This thesis is divided into four parts. The first chapter sums up the types andreasons of non-taking delivery at the destination port by analysing statistically casesfrom some maritime courts and theories of jurists.The second chapter is the cost burden of carrier in case of no one taking deliveryat the destination port. Scope and subject of liabilities of cost burden are summarizedusing positive analysis.Followed by is the third chapter, and it is the main part of the thesis. Firstly,analyzing the advantages and disadvantages of ways of right protection in laws andtheories, then researching the judgments of the courts, and finally, finding the mosteffective ways to secure the rights of carriers.The last part is the conclusion of the full text and suggestions from author. Bysummarizing the above and consulting the relevant provisions of “Rotterdam Rules”,to give my own suggestions. |
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