Research On Liability Issues For Delayed Delivery Of Sea Freight

The loss of delay in delivery is not included in marine insurance, so the indemnity has to pay all the loss by himself. The most important part of compensation responsibility of delay in delivery is to find a solution to balance between the responsbility and limit the range of the loss. There are differences in the methods of determining the delay in delivery under different maritime regulations, analysis and comparison of the differences can deeply understand the connotation of delay in delivery. In the Hamburg Rules and the CMI uniform transport law, the definition of delayed delivery is carried out around the carrier's failure to sail, China's maritime law does not specify the subject of delay in delivery responsibility, and enlarges the scope of the subject of liability. The doctrine of liability fixation is the most important of the maritime rules, and the reform of each maritime rule is related to the previous provisions. In addition to incomplete fault liability and fault liability provisions,mainstream maritime rules in recent years, scholars carried out a study on the introduction of the presumption of fault liability principle, to balance the risk of freight both sides bear. Different damage results different extent of compensation,but shall not exceed the limit. Delay in delivery is by no means an issue that can not be solved. The progress of science and technology and the continuous innovation of theoretical research on maritime law have brought new ways to solve the problem of liability for delay in delivery. At present, in addition to considering how to revise and formulate a more effective law on liability for delay in delivery, the most important thing is how to effectively use the existing laws and regulations to protect the interests of all maritime parties.