On The Rules Of Delivery Of Goods By Carrier Under Carriage Of Goods By Sea

The provisions in current CMC on the delivery of goods that under the contract of carriage of goods by sea are very simple.It only stipulates the notice obligation of the consignee when the goods are lost or damaged,the inspection before the delivery of the goods,and the legal consequences of no taking delivery or the consignee's delay in taking delivery.It is important for the carrier that whom to deliver and it is very easy to cause disputes.But there is no clear stipulation.This paper studies the issues related to the carrier's delivery of goods to improve the rules of the carrier's delivery of goods in CMC.This paper consists of four chapters.The first chapter analyzes the concept and connotation of the delivery of goods,starting from the historical evolution of the delivery of goods,and introduces the domestic legislation of various countries and the provisions of the relevant international conventions on the delivery of goods by sea.The second chapter analy zes the existing problems in the provisions of the CMC on the carrier's delivery of goods,including the lack of identification rules for the delivery object,unclear provisions on the rights and obligations in the delivery process,etc.The third chapter analyzes the nature of the delivery of goods,from the analysis of the actual delivery to the circulation of negotiable transport documents,such as bills of lading.With the help of the civil law theory and International conventions on the delivery of goods,Discuss the delivery of goods and the right of control over goods,the subjects and contents of the delivery parties,and analyzes the rights,and obligations behind the legal system of delivery and the identification of the delivery object in combination with the provisions of the CMC draft on the delivery of goods by the carrier.On the basis of the above analysis,the fourth chapter puts forward some legislative suggestions to improve the provisions on delivery of goods in CMC.