Study Of The Package Limitation Of Port Operators

In recent years, with the popularity of container transportation and the rise of multimodal transport, as the transit hub of the carriage of goods by sea, port is playing an increasingly important role in the carriage of goods by sea. Followed by all kinds of dispute of port operations come out, including a number of cases for compensation for damage the owner of to prosecute port operator, the responsibility of the port operator become the core of the disputes. In the practice, the courts’ approaches and the verdicts have difference on whether the port operator has the right to enjoy limitation of liability for the loss and damage of goods. Academic circles also have different thinkings. Return to the origin, this article analyzes the concept of the port operator and the system of limitation of liability, and critique the exisiting opinion of give port operator the right of limitation of liability,draw the conclusion that the port operator should not have the right of limitation of liability.This article consists of introduction, text and conclusion, in which the text has five chapters:The first chapter introduces the definition, scope and characteristics of the port operator. First clarify that port operators are the enterprises who accept the entrustment of clients for ships, passenger and cargo facilities or service activities within the scope of port operations. Then introduce the specific scope of port operator in China. Finally summarizes the characteristics.The second chapter introduces the system of package limitation, including its legislative basis and calculation method. It focus on the analysis of the main legislative basis and several common calculation methods package limitation in civil law system.Then presents some common methods of it.The third chapter analyses the legislative status of port operator system of package limitation, including the relevant international conventions and domestic in China;The chapter IV discusses the judicial present situation, firstly summarizes the three ways used by the current port operator to claim to enjoy package limitation and the related judicial decisions, then puts forward legislative suggestions;The chapter V clear the view that the port operator should not enjoy the right of package limitation of liability, and critique the exisiting opinion of give port operator the right of package limitation of liability, lastly put forward the reason that in our country to establish the package limitation of the port operator is lack of necessity.