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Analysis Of The Right Of Stoppage In Transit

Posted on:2015-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:B GaoFull Text:PDF
GTID:2266330428999545Subject:Law
Abstract/Summary:PDF Full Text Request
The seller who has shipped the goods, and during the charge of the carrier in transport,right by the charge of the carrier during transport, and is no longer entitled to an unpaidseller of goods vested right, when the buyer could not pay the purchase price, and did notarrive on the transit of goods enjoyed by the buyer to stop and regain the delivery. Theearliest period, common law countries in the law of the right of stoppage, after a period ofdevelopment, in common law countries stoppage rights system to be set up, while in the "United Nations Convention on the International Sale of Goods" also clearly defined in thesystem. The right of stoppage in practice this system has already caused widespreadconcern theorists, such as conflict stoppage rights and control of cargo solutions. Incontrast, China’s " Contract Law" enacted before the system has been in a blank state, ourcountry right system stoppage late start. China’s " Contract Law" is only308pairsstoppage related rights system made similar general requirements. However, whichprovides too simple, rough, did not practice for the particularity of maritime fullyconsider the legal issues resolved right of stoppage is also not comprehensive enough,resulting in practice the system is not strong, and even the maritime practice because thereis no sound legal basis for regulating the emergence of no legal predicament. Therefore, inorder to develop our country right system stoppage relevant legislation and the shippingindustry to provide some useful practical advice, it is necessary to study right systemstoppage.This paper is divided into four chapters. The first chapter introduces the contentsstoppage rights, including the origin, concept and the nature of the right of stoppage intransit; The second chapter, the article introduces the exercise of the right of stoppage intransit, including the subject and the period, the conditions and ways of exercising, and theeffectiveness of it. In order to further understand the system of the right of stoppage intransit; Part three, comparing the right of stoppage in transit and the right of goods control,in order to resolve the conflict between them; Part four, the article mainly introduces the right of stoppage in transit in our country, made some suggestions, hoping to providereference and guidance for the Improvement of stoppage right system.After the above studies, the conclusion comprising:Firstly, by analyzing the nature of the right of stoppage in transit, the author has apoint of view that the right of stoppage in transit is an extension of lien, it is a special lien;Secondly, comparing the right of stoppage in transit and the right of goods control, theauthor proposes the solution of the conflict between them in the situation of negotiable billof lading and non-negotiable bill of lading respectively.Thirdly,308provisions of China’s "Contract Law" for gaps in stoppage rights systemis to compensate to some extent, but because of the provision is too simple and rough, andeven with the mention of individual rights under the conflict. It brings the dilemma forcarrier. It needs a reasonable way to settle when apply this article.Fourthly, we should perfect the system of the right of stoppage in transit, on onehand, we should make clear the subject, the conditions and ways of the right, on the otherhand, it should also be using a new legislative model, such as adding content relating to aright of stoppage in maritime law, so that a special law and general law can coordinatewith each other.
Keywords/Search Tags:Right of stoppage in transit, Right of goods control, Article308of ChinaContract Law
PDF Full Text Request
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