Case Study Of ZOOMLIONTRADE Sue JIEXISHANGHAI And HANSSYSHANGHAI And MURMANSK

The issue of the actual carrier under voyage charter is mainly focused on the identification of the actual carrier and the cognizance of the actual carrier's liability.The main causes of the difficulties in identifying the actual carrier are two: one is because of the actual carrier's conception in the Maritime Code of China is not stated precisely enough,therefore results different understandings;another cause is the lack of correlation and mutual cohesion between the provisions of the voyage charter and the provisions of actual carrier and carrier which results to the believe that no actual carrier exists under the voyage charter transportation.The main difficulties of the confirmability of the actual carrier's liability are the recognition of the nature of the actual carrier's liability and the determination of the liability scope.With the case of ZOOMLIONTRADE sue JIEXISHANGHAI and HANSSYSHANGHAI and Murmansk,as the angle of view,this paper analyses and discusses the above two issues,and also presents the expression of the author's own points of view.Except the preface,this paper includes four chapters.The first chapter is the introduction of the case.It introduces the focus of discussion of the case that relates to this paper,from the signing of the contract of carriage by sea as well as the subleases of ship "Yuriy" to the circumstances of and on the ship before and after its departure,this including how the damage occurred.This chapter also states the courts' decisions and the ground of decisions as well as the argument of each party.The second chapter is the analysis of the actual carrier identification under the voyage charter of the case.Firstly,it discusses the view of ‘no actual carrier exists under the voyage charter transportation' that proposed by two parties in the case.Secondly,with the rules of the Maritime Code of China and the different opinions of the scholars,this chapter focus on the two parties which has the possibility that might be identified as the actual carrier,it analyses the two separately.And finally this chapter gives the results of the discussion.The third chapter,discusses with the case,analyses the liability of the actual carrier under the voyage charter in China.This chapter discusses the nature of actual carrier's liability and the scope of its liability under voyage charter.This chapter also detailedly discusses how the actual carrier Murmansk's liability is determined.The last chapter is the inspirations and suggestions of how to improve the actual carrier system under the voyage charter transportation in China.This paragraph is divided into two parts.The two parts presents suggestions of improvement of actual carrier's identification and its liability confirmation respectively.The problems of the actual carrier system exists under the current voyage charter transport in China are discussed,and the suggestions from the analysis of the case are given.