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Study On The Principle Of Freedom Of Contract Under The Conventions On Carriage Of Goods By Sea

Posted on:2016-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ZhangFull Text:PDF
GTID:2296330470478641Subject:Maritime law
Abstract/Summary:PDF Full Text Request
The principle of freedom of contract is the basic criteria in contract law. Regardless of the type of contract, we can find the principle in the contract. Indeed, in the field of carriage of goods by sea, the conventions on carriage of goods by sea are mainly for the establishment of mandatory liability system, when talking about the conventions, we think more about their mandatory system. Around the mandatory system, many scholars have carried out in-depth study, and achieved fruitful results. Therefore, the author of this is no longer here to study on it, but study on the principle of freedom of contract.The subject of the conventions on carriage of goods by sea is to adjust the relations of carriage of goods by sea. When it comes to such relationship, it will not be possible without contracts. The contract of carriage of goods by sea is one of the important members of the family of the field of contract, so it is guided by the basic principle of freedom as well. Based on the conventions on carriage of goods by sea and with the historical changes, the author study on the principle of freedom of contract through the historical study, comparative study method, law and economics research methods, and put forward some own views about the application of the principle in China.This full text is divided into four chapters:In Chapter 1, the author briefly describes the necessity of studying on the principle of freedom of contract under the conventions on carriage of goods by sea. In Chapter 2, the author focuses on the historical evolution of the principle of freedom of contract on the conventions. In Chapter 3, the author researches on this changing trend, changing reasons and so on based on chapter 2. In Chapter 4, the author puts forward some own opinions about the application of the principle in China.
Keywords/Search Tags:Conventions on Carriage of Goods by Seal The Prineiple of Freedom of Contract, Evolution, Present Situation and Improvement
PDF Full Text Request
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