Study On The Scope Of Damages In Carriage Of Goods By Sea

The Scope of Damages in Carriage of Goods by Sea is stipulated in article 55 of CMC as following:"As the cargo suffers loss,the compensation is based on the CIF price;As the cargo suffers damages,the compensation is based on the difference of CIF price which before and after the damage." However,for the holder of the bill of lading and the consignee,CIF price does not include the available profits for compensation.This is unequal for the holder of B/L and the consignee.The key point of this issue is the estimation of the actual cargo value.This paper analyzes it in five chapters.The first chapter is about the overview of damage compensation in the international carriage of goods by sea.First,this paper discusses the type of damage and the related stipulation of the compensation;Second,this paper analyzes the existing defects and legislative background of the article 55 of the CMC.Finally,this paper analyzes the effect of special provisions of CMC on the scope of compensation for damage.The second chapter is about the defect of the article 55 which is about the scope of cargo damage compensation and the calculation method of the rate of depreciation that established by the Supreme Court.The third chapter is about the analysis of carrier's compensation scope for damage in civil legislation.This paper analyzes this issue from the perspectives of the contract law and tort law.The fourth chapter concentrates on the comparative research of the scope of compensation for cargo damage.Through the comparison of the CMC and the international maritime convention,try to provide the reference for the amendment of article 55.In chapter five,this paper proposes some revision suggestions on the article 55.