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Sanmu Company V. Yuxing Company Dispute Over Shipping Contracts

Posted on:2019-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:D XuFull Text:PDF
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The purpose of this article is to explore the legal application of the carriage of foreign goods by sea with the aim of resolving the legal application in this field.When the two parties involved in the carriage of goods by sea are in dispute,which law should be applied and the basis is the most controversial issue in judicial practice at present.The controversy mainly focuses on the issue of the scope of application of Article 269 and the applicable scope of Article 44 of the "Maritime Code of Maritime Law" in China,the contradictions between the "Maritime Law" and the Law Applicable to Foreign-related Civil Relations,and so on.In order to solve these problems,we should start from the principle of autonomy of will and the most relevant principle,and then further analyze the setting of the legal choice clause on the back of bill of lading in practice.Therefore,the discussion of this case is conducive to seeking legal basis and reasonable theoretical support for re-emergence of similar problems in judicial practiceThe first part introduces the case and makes a detailed explanation of the ins and outs of the whole case as far as possible.The plaintiff that the shipper,the defendant that the carrier,the defendant agents did not rely on the original bill of lading delivery,the plaintiff held the original bill of lading but neither the goods nor the receipt of payment.The original defendant's dispute focused on whether the Chinese law or the Japanese law should apply to the case.If the Japanese law is applicable,the defendant does not need to bear the responsibility for releasing goods without a single document.If the Chinese law is applicable,the defendant shall compensate the plaintiff for losses.The second part analyzes the origin of the contractual relationship between the former defendants.The principle of autonomy of will and the principle of the closest connection are the basic principles in the carriage of foreign goods by sea.The core of the principle of autonomy of will lies in setting the rights and obligations for oneself through the representations of the parties themselves,and subjecting one's own rights and obligations to the law.The core of this principle lies in setting the rights and obligations for itself through the representations of the parties themselves and subjecting themselves to this legal obligation.The principle of the closest relationship as a supplementary principle is conducive to softening traditional links and makingthe case more flexible.At the end of this part,we analyze the legislation of these two principles in our country.According to Article 269 of China's Maritime Code,the principle of autonomy of will is the basis and the principle of closest contact is taken as a supplement.The third part discusses the legal choice clause in the bill of lading related to this case.In this case,one of the focuses of the dispute between the plaintiff and the defendant was the law of the country to which this case should be applied.The key point of this dispute lies in the effectiveness of the legal choice clause on the back of the bill of lading.Legal choice clauses attached to the bill of lading,to solve the effectiveness of the legal choice clause should first understand the meaning of the bill of lading.In addition,the prime and regional terms associated with it are also discussed.In this case,the two sides made legal choices in the form of format clauses,and the concepts,restrictions and other issues of format clauses are also the basic questions for clarifying the clause of legal choice.Of course,the choice of law between different countries will also be governed by international conventions,public order and domestic coercion.For our mandatory provisions-Article 44 of the Maritime Code is the hot topic of law revision,and its scope scholars have different views.The fourth part discusses the enlightenment of this case on perfecting China's "Maritime Law" related laws.Through elaborating on the principle of autonomy of the meanings and the closest connection,this paper puts forward the ways of perfecting the validity of bills of lading under the autonomy of autonomy and the supplement of the principle of the most close relationship,and ponders on these two kinds of perfecting ways,finally puts forward the author's point of view...
Keywords/Search Tags:Applicable law, bill of lading, mandatory scope, autonomy of will, closest connection, characteristic performance
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