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Research On The Coordination Of The Relationship Between Contract Of International Sale Of Goods And Contract Of Carriage Of Goods By Sea

Posted on:2022-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ZhangFull Text:PDF
GTID:2556307040461994Subject:Science of Law
Abstract/Summary:PDF Full Text Request
All along,international trade has played an irreplaceable role in the development of the world economy and is an important driving force for the steady upward trend of the world economy.As a systematic project,international trade in goods involves many links such as sale,transportation,insurance and payment,among which the sale of goods is most closely related to the carriage of goods by sea,which requires the coordination between contract of international sale of goods and contract of carriage of goods by sea to jointly contribute to the orderly development of international trade.The reality is that with the continuous evolution of shipping practice,the problems hidden in the two contracts are increasingly exposed,restricting the development of international trade,making it more necessary and feasible to study the coordination of contract of international sale of goods and contract of carriage of goods by sea.This paper will study the key problems existing in the two contracts for the purpose of coordination.The article consists of four chapters,each of which,with the exception of the first chapter,begins with a research path of asking questions-analyzing problems-solving problems.Chapter one is an analysis of the principle of coordination between contract of international sale of goods and contract of the carriage of goods by sea.This paper expounds the essence,feasibility and necessity of coordination,and analyzes the manifestations and causes of conflict from the perspective of coordination and conflict.The second chapter revolves around the coordination of bill of lading delivery under FOB price conditions.The research focuses on who can get the bill of lading first between the contract shipper and the actual shipper under FOB price conditions.Taking this issue as the starting point,this paper discusses the basis for the contract shipper and the actual shipper to obtain the bill of lading first,then analyzes the basis for the issuance of the bill of lading from the point of view of freight forwarding,and finally puts forward the countermeasure plan.The third chapter focuses on the coordination of the delivery of goods.The issue of the delivery of goods is crucial to the convergence of the two contracts.The confusion of rights and obligations between delivery subjects prevents the contract from being effectively coordinated,which is also the root cause of the conflict.This chapter takes the carrier,shipper and consignee as the object,in view of the problems in the discharge,delivery and pick-up,the concrete analysis,put forward a feasible solution path.The fourth chapter is about the coordination of control.Based on the analysis of stoppage in transit and right of control,this paper analyzes the limitations of the right of stoppage,focuses on the relationship between the two,and analyzes whether stoppage in transit can be effectively coordinated with the right of control.
Keywords/Search Tags:Contract of international sale of goods, Contract of carriage of goods by sea, Coordination
PDF Full Text Request
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