Study On The Special Rules Of Volume Contract

The existing international conventions on the carriage of goods by sea have been restricting the principle of freedom of contract.In order to prevent the abuse of freedom of contract,they all stipulate the carrier's lowest obligations and responsibilities,the highest rights and immunity.The parties to the contract of carriage may agree on obligations and responsibilities higher than the rules of the Convention and reduce or abandon the rights and immunity.Contrary agreements on rights and immunity are null and void.However,with the development of maritime cargo transport,the carrier and shipper hope to establish long-term and continuous cooperation,to have some freedom to derogate from their responsibilities and obligations so as to maximize their benefits and improve their economic efficiency.After making a volume contract,the carrier can obtain stable supply of goods,the shipper can obtain stable space and lower freight,and the cost of negotiation and negotiation between the two parties can be reduced.The volume contract has been widely used in shipping practice.However,in the existing international conventions,volume contracts are still in the legislative blank.In order to adapt to the development of international maritime transport,volume contracts are stipulated for the first time in the newly formulated Rotterdam Rules.When the conditions stipulated in the Convention are satisfied,the relevant provisions of the volume contract concluded by the two parties can deviate from the mandatory rules of the convention,and only when there is no agreement in the contract,can they be adjusted by the convention.Apart from the introduction and conclusion,this paper consists of four chapters.The first chapter is a briefly description of the volume contract and it`s special rules.This paper is about the study of the special rules of the volume contract,thus before the study,it`s necessary to introduce the volume contract and it1 s special rules.Therefore this chapter mainly introduces the background and establishment process of batch contract,and analyses the definition and legal nature of batch contract.Chapter two analyses the special rules of volume contract.The special rule of volume contract is the core content of volume contract,which gives the parties sufficient freedom of contract.It is a breakthrough in the compulsory rules of the International Convention on the Carriage of Goods by Sea established since the Hague Rules.This chapter mainly discusses the conditions for the application of the special rule of volume contract,andanalyses the specific content of the applicable conditions.Chapter three analyses the core issue of the special principle of volume contract,which is the breakthrough of mandatory rules.Breaking through the mandatory rules of the International Convention on the Carriage of Goods by Sea is the greatest innovation of volume contracts.This chapter analyses the mandatory rules in the current international conventions on the carriage of goods by sea,and discusses the value and problems of breaking through the mandatory rules in volume contracts.Chapter four discusses the reference significance of the special rules of volume contracts for the improvement of China's Maritime Law.This paper demonstrates the impact of the special rules of volume contracts on the shipping industry and cargo owners in China,then puts forward some suggestions for small and medium-sized shipping enterprises and cargo owners.Finally,aiming at the special rules of volume contracts,it is suggested that China should formulate the definition of volume contracts,the application of the special rules of volume contracts,the situation of invalid clauses of contracts in the Maritime Law,the application of the third part.