A Study On Application Of Actual Carrier Under Voyage Charter Party

This thesis takes the application of actual carrier under Voyage Charter Party (V C/P) as the main object of the research, and tries to provide several advices on how to improve the system of actual carrier of Maritime Code of China (CMC) which is based on the legislative theory. The thesis is divided into four parts except the preface:In chapter Ⅰ, the basic theory of actual carrier is deeply analyzed. Firstly, from the vantage of the content of actual carrier of CMC, it puts forwards two essential conditions of actual carrier:"entrusted or sub-entrusted by carrier" and accomplished the carriage of goods by sea actually". Secondly, this paper argue that the theoretical basis of actual carrier is the breakthrough of privity of contract. Lastly, from the point of comparative law, the "identify of carrier" in common law, the "performance assistants" in civil law, and the maritime performance party in Rotterdam Rules are made a comparison in order to improve the system of actual carrier of CMC.In chapter Ⅱ, it analyzes the application of actual carrier under V C/P from the point of practice. On the one hand, this paper puts forward that V C/P is a kind of contract of carriage goods by sea, so the system of actual carrier which is the general provision of chapter IV of CMC is applicable to V C/P. On the other hand, it discusses the concrete configurations of actual carrier under Charter Party, and it forward the normative value of actual carrier to the V C/P, which is done through the positive analysis the case of "Tong city Ship"In chapter Ⅲ, it analyzes the application of actual carrier under V C/P from the point of law. Firstly, from the perspective of Bill of Lading (B/L), the endorsement of B/L under charter party is the essential condition of the application of actual carrier under the V C/P. Secondly, there is potential space to regulate the B/L under Charter party in Huge-Visby Rules and chapter IV of CMC, so the application of actual carrier under V C/P could be discussed deeply according to actual carrier’s constitutive requirements.In chapter IV, it provides several advices on how to improve the system of actual carrier of CMC. They include the engagement between the bill of lading contract and V C/P, the connection of which is between B/L and B/L under Charter Party, the clear provision of conditions which is essential to carry liability by actual carrier, and the limitation of action of claim for the V C/P.