The Legal Problems Analysis About Defining The Nature Of The Shipping Container Demurrage

As a modern transportation,in recent years,Container transportation progressed by leaps and bounds.Especially,in the field of international carriage of goods by sea,container transportation has gradually replaced the traditional break bulk,and becoming international liner routes on the dominant form of transport.The shipping industry has been paying close attention to the deputations of shipping container demurrage.The main object of this paper is shipping imported containers demurrage,and it is purpose of this paper to define the nature of the shipping container demurrage.The first chapter argues defining the nature of the shipping container demurrage is based on the nature of the shipping container,which the shipping container under the scope of carriers' liability belongs to an extension of the ship.Then it expresses that the contract of carriage of goods by sea is still on performing,while the goods by sea are still covered by the shipping containers.The identification of nature of container demurrage shall be based on the shipping contract.The shipping container demurrage is produced by the cargo import links,and often leads port agency the difficulties to deal with and brings the parties' rights disputes.The second chapter analyzes the cases of the rent nature of shipping container demurrage.Under the expiration of free time of using shipping container,it becomes a new leasing legal relationship between shipping container users and the carrier.And then analyzing the foundation of claims under the rent theory,this paper argues the rent nature of shipping container demurrage is not reasonable.The third chapter mainly discusses the two standpoints of shipping container demurrage that belongs to the theory of penalty due to breach of contract,one kind is the penalty under a breach of contract of carriage of goods by sea;another kind is a penalty due to a breach of the collateral obligation under the contract of carriage of goods by sea.The agreed rate of shipping container demurrage increasing by the day is punitive.The nature of the shipping container demurrage shall be deemed by the penalty under a breach of contract of carriage of goods by sea.The forth chapter points on the time limit and the compensation of container demurrage,this paper puts forward to the relevant countermeasures and suggestions on the basis of fully consider the interests of all parties.Finally,this paper combines with the full view and concluded.This paper argues that the nature of the shipping container demurrage is the penalty under a breach of contract of carriage of goods by sea.Because of the complicated and variable situations of container transportation,it requires that the argument of the nature of shipping containers demurrage embarks from the actual situations.As to the main research methods on this paper,besides of the comparison and value analysis,the case study as the empirical research is the most important research method in this paper.