Study On The Liability For Breach Of The Volume Contract Under The Rotterdam Rules

Volume contract is widely used in the practice of carriage of goods by sea. Volume contract are free to agree on the contents of the contract and it breaks through the traditional maritime convention of the mandatory application, reflecting the principle of freedom of contract. The Rotterdam Rules take volume contract into its range of adjustment, introducing the principle of freedom of contract, filling the gaps in the legislation. It is a major undertaking. As a contract of carriage of goods by sea, volume contract naturally subject to the adjustment of the contract law and the maritime law, but since this is a new type of contract, there is no chapter to regulate. The system of liability for breach of contract is one of the most important system of contract law, and guarantee the smooth fulfillment and non defaulting party to achieve the right to relief. Therefore, the study of volume contract liability for breach of contract is necessary. In this paper, the writer explore volume contract liability for breach of contract system and put forward some relevant legislative suggestions for modification of the Maritime Code of China.The basic framework of this paper are as follows:The first chapter, the writer defines the definition and nature of volume contract, analyzes the rights and obligations of the parties of contract volume. In the third chapter, combined with the characteristics of liability for breach of maritime law, writer analyzes the quantity of liability for breach of contract in the legal application of the special.The second chapter and the third chapter, writer analyses the volume contract responsibility of breach of contract, and focuses on the default behavior form and the form of liability of volume contract liability for breach of contract. At the same time combined with the provisions of the contract of carriage "maritime law", writer forms the bulk of breach of contract responsibility system.At the end of this paper, according to the present situation, writer analyzes the influence of volume contract on China’s maritime trade. Therefore, it is necessary to refer the Rotterdam Rules of volume contract special rules, writer focus on the special rules and "maritime law",and stipulates that the volume contract liability for breach of contract in the legislation should pay attention, including the form of liabilities for breach of contract and exemption clauses applicable conditions.