Study On The Rights Of Suit In Respect Of International Carriage Of Good By Sea

Such matters as The relationship between real right and creditor's rights of the bill of lading,Whether the third party other than the Contracting Shipper needs circumvention of contract privity to exercise the right of suit in respect of contract of carriage of goods by sea and so on,has been amongst the core subjects under violent disputes of the right of suit by the cargo interests for the carriage contract.The privity of contract as a doctrine of contract,reflects the nature of the contract,it is the logical form of contract constitution.When deprives the contract of its privity,that contract cannot be called by the contract;the privity of contract is the objective rule and unlikely to make a breakthrough of which,as contract of carriage of goods by sea is not isolated thing and it makes a close connection with the contract of international goods trade,the legal relationship for the bill of lading and trusteeship,showing a unique feature.“Contract for the benefit of a third party,contract transfer,security relationship” can to some extent reveal the legal nature on the different aspects of contract of carriage of goods by sea.This paper is just based on the above principle to make bold assumptions and pursue careful verification,provides jurisprudence basis for the right of suit by the cargo interests.The first chapter introduces the concept of right of action,explains what is “the right of suit by the cargo interests for the contract of carriage of goods by sea”.The second chapter is through the analysis of connection between the contract of carriage goods by sea,the contract of international sale of goods and ocean bills of lading,to observe and analyze the significance of the transfer of bills of lading in the contract of carriage of goods by sea from a more broad perspective,to distinguish the rights and obligations within the legal relationship for bill of lading from those under contract of carriage of goods by sea,to make an accurate characterization of bill of lading and contract of carriage of goods by sea.The third chapter analyzes the shipper's contractual right of suit within or outside of the bill of lading,the possibility of asserting the contractual right of suit by different shippers under the FOB terms,and gives suggestion that the concept of shipper should be subdivided and redefined in legislationThe fourth chapter discusses the conversion relationship between holder of bill of lading and consignee,and how consignee or the holder of bill of lading is related to breach of contract of carriage of goods by sea or infringement of rights to which the former are entitled by carrier.And later presents author's own viewpoint about the model of legislation arrangement concerning the right of suit by cargo interests.