Research On Carrier’s Right Of Claim Against Consignee In Contract Of International Carriage Of Goods By Sea

This article focuses on the carrier’s claim to the consignee.First,it discusses the basis for the source of the claim.There are different views on this in the academic community.The author is in favor of the theory of contract assignment,so this article is based on the contract assignment said this position was unfolded.The core of this article is based on the fact that the current Maritime Law of our country does not specify the carrier’s right of claim to the consignee,while the carrier’s right of claim to the consignee is mainly embodied in two aspects: freight and damage compensation.Taking article 69 of the Maritime Law code as an example,the shipper and the carrier can agree that the freight should be paid by the consignee and clearly indicated in the transport document.However,it is questionable that the carrier has the right to request the freight from the consignee only if this condition is met.Then,based on the mode of transfer of rights and obligations in the theory of contract transfer,the consignee has the responsibility to bear the obligations stipulated in the transportation contract only when it exercises the rights carried in the transportation contract.Therefore,the author comprehensively analyzes the right basis and mode of the carrier’s right of claim against the consignee in combination with legal provisions and practical cases,Finally,it puts forward some suggestions on the exercise of the right of claim in the legal system and practical application.This thesis is divided into four chapters:The first chapter makes a general analysis of the right of claim and its basis,in order to lead to the carrier’s right of claim to the consignee that needs to be discussed in this thesis.At the same time,it discusses the provisions on the concept of consignee from China’s laws and international conventions,and compares the different provisions on the legal status of consignee in China’s laws and international conventions.Then it analyzes the legal basis of the legal status of the consignee.As for why the consignee is not the subject of concluding the contract of carriage of goods by sea and why it can participate in the legal relationship of the contract of carriage,the academic circle is divided into four influential different theories.The author introduces the four different theories in detail and analyzes their respective shortcomings.The second chapter mainly explores the right basis of the carrier’s claim against the consignee in the international contract of carriage of goods by sea,mainly from two aspects: freight claim and damage compensation claim.The author believes that the carrier’s claim for freight to the consignee mainly comes from the agreement of the two parties in the transport document,and the transport document cannot exist independently of the transport contract,which is the proof and supplement to the transport contract.Therefore,the basic right of the carrier’s claim for freight to the consignee is the contractual creditor’s right.The right of the carrier to collect the freight from the consignee is stipulated in Article 69 of the Maritime Law,but the author believes that this article only stipulates that the obligation to pay the freight can be transferred to the consignee by the agreement of both parties in the transport document.This provision obviously can not solve some problems in judicial practice.This thesis lists several practical cases of the consignee paying the freight,and summarizes several conditions for the consignee to pay the freight in the maritime law,In order to make the consignee pay more fully.The second part of this chapter discusses the right basis of the carrier’s claim for damage to the consignee.First,the clear provisions of the law.Through the analysis,the author believes that the legal provisions are still imperfect,so he puts forward some conditions for improvement.The second is the agreement of bill of lading.Taking the cases of judicial practice as the starting point,this thesis analyzes the problems existing in the agreement of bill of lading.The third chapter introduces the exercise of the carrier’s right of claim against the consignee,which is mainly divided into the exercise of the right of claim for freight and the exercise of the right of claim for damage compensation.Among them,the carrier’s right of claim for freight against the consignee is mainly reflected in the freight on arrival,because Article 69 of the Maritime Law stipulates that the terms on which the consignee pays the freight are the freight on arrival terms,which stipulates that the freight can be paid by the consignee as specified by both the consignor and the consignee in the transport document.Then it discusses the exercise scope of freight claim and the relevant freight risk.The carrier’s exercise of the consignee’s right of claim for damages follows the basis of the right of claim for damages in chapter II,discusses the exercise of the rights stipulated in the law and the rights agreed in the bill of lading,and explains the specific exercise and some imperfections from the cases in judicial practice,for example,the carrier exercise of the right of claim is not clear.According to the conclusions of the previous chapters,the fourth chapter comprehensively analyzes the deficiencies of the carrier’s right of claim to the consignee in China’s current legal provisions,and puts forward some suggestions on the improvement of the legal system and how to improve it in practical application,it includes the improvement of legislation,the introduction of judicial interpretation,the issuance of relevant guidance cases,etc.,so as to make the carrier’s exercise of the right of claim more standardized and more fully based as far as possible.