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International Seaborne Trade In Delivery Research Questions

Posted on:2016-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HeFull Text:PDF
GTID:2296330470478721Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of delivering is an integral part of maritime trade, in legal terms, the smoothy transfer of the port of destination of the goods is directly related to the implementation and fulfillment of the relevant obligations of the carrier transport, but also affects the achievement of mutual economic benefits in terms of trade practical level,From the definition of delivery and pick up the meaning and nature of the starting behavior, leads to a claim both a delivery contract of carriage of goods by sea is an obligation under the burden of view, on this basis to analyze and research from the perspective of delivery obligations. This paper also studied the delivery of specific behavior in a general sense and in different situations and at major trade terms of content delivery. In addition, through case analysis and comparative analysis, combined with behavioral characteristics of marine cargo delivery contracts and international trade in the field of analysis in the case of different transport documents issued, the shipper, the consignee, the holder of the bill of lading and other delivery body and based on the occurrence of particular interest in the cargo legal status in the delivery aspect, and specifically discusses the different delivery body to assume the obligations of delivery, conditions, contents and liability. The last cargo for shipping more commonly found in practice after reaching the port of destination or consignee refuses phenomenon unmanned delivery of the goods, in the analysis of the causes of unmanned delivery destination, on the basis of legal liability, explained the carrier’s response legal remedies, and the currently existing justice issues raised in my humble opinion.Composition addition to this introduction and conclusion has four parts.The first chapter, "The law attributes acts of delivery." This chapter outlines the basic rationale delivery behavior, introduced in trade contracts and documents in transit, delivery of both property rights and obligations. This chapter clearly defines, in trade contracts, delivery is also an important buyer of rights, taking into account the nature of the obligations as its shortcomings, devoted its obligations attributes. In the transport document, the consignee is also the delivery obligation, the legal relationship between this document transportation, delivery rights are not as subject to delivery obligations as increased attention, this chapter devoted to study its property rights.The second chapter, "to undertake the delivery of content and delivery behavior obligations." This chapter is a key chapter of this paper describes a general sense the delivery of content, analyzes the different situations, different terms of trade in specific content delivery behavior, specific delivery notice contains the issue, advocating the rights of delivery, cargo damage and the presence of non-shippers disposition effect on the delivery behavior. In addition, this chapter also takes into account the existence of contradictory practice delivery obligations in the field of trade and maritime law in the failure to achieve good convergence, as well as delivery obligations and the buyer’s right to reject a certain extent, the consignee, the attempt from above perspective of the buyer the right to reject the delivery obligation and to undertake trade and maritime areas.The third chapter, "pick up the body and the delivery deadline." This chapter also focuses on the section of this article, using the theory of relativity to break the contract, analyzed to identify the shipper, the holder of the bill of lading, the consignee and the rights and obligations under the terms of its delivery of major trade, summarized the theory and practice in the case of three different views and maritime body defining on, and integrated delivery period were discussed.The last chapter, "relief measures and the carrier’s liability under no circumstances delivery." In the international transport of goods by sea, the carrier often encountered the goods to the port of destination and no delivery of the phenomenon. China’s current law provides carrier face discharge, lien, right of recourse, escrow right destination no delivery time and so on, but the carrier has failed to exercise a lot of time or failure to exercise properly. This chapter analyzes, combined with our maritime judicial practice, it made a number of recommendations to avoid the risk of the carrier.
Keywords/Search Tags:delivery rights, delivery obligations, trade terms, content of delivery, subject of delivery, carrier relief
PDF Full Text Request
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