Research On The Responsible Subject Of Freight And Related Expenses Under The Contract For The Carriage Of Goods By Sea

In the course of the performance of the contract for the carriage of goods by sea,there may usually be various kinds of expenses,including freight,terminal handling charge and container detention charge,and there has been considerable controversy in theory and judicial practice about the recognition of the subject of these expenses.Although some scholars have studied the responsible subject of freight and related expenses,or limited to the study of individual expense,or study the nature of the contract but ignore the construction of the recognition rules for the specific expenses subject,there is no systematic combing and answer for the contract for the carriage of goods by sea under the responsible subject of freight and related expenses.In this thesis,two kinds of problems involved in the main problem are summarized and combing,focusing on the theoretical basis of the breakthrough of the principle of relativity of the contract for the carriage of goods by sea.Starting from the study of different theories and legal provisions at home and abroad,under the condition that the theory of "contract for the benefit of the third party" is the theoretical basis of this thesis,clarify the legal relationship between the parties,determine the contracting shipper as the subject of the freight and related expenses under the principle,the freight and related expenses incurred in the performance of the contract for the carriage of goods by sea are recognized one by one,and the rules of the main recognition of freight and related expenses are finally constructed,and legislative proposals are put forward for the revision of the Chinese Maritime Code.The first chapter of this thesis summarizes the two main issues of "the complexity of expenses under the contract for carriage of goods by sea" and the "overlap of merchant under the contract of carriage of goods by sea" involved in the "Identification of freight and related expenses under the contract for carriage of goods by sea",and explains the dilemma of the performance of the contract of carriage of goods by sea caused by it.The second chapter of this thesis is based on the qualitative issues of the contract for carriage of goods by sea,and on the basis of adhering to the principle of relativity of contract,it is believed that the breakthrough of contract relativity should be supported by the theory of "contract for the benefit of third parties",and further analyze the legal relationship between the carrier and various merchants under the contract for carriage of goods by sea.On the basis of the first two chapters,the third chapter of this thesis analyzes the representative specific expense bearers one by one,and finally draws the conclusion that in principle,the subject of the freight and related expenses,as well as the third party pays the corresponding expenses in the exercise of rights,and combines this conclusion with the theory of "contract for the benefit of third parties" to improve the rules for determining the subject of freight and related expenses.This thesis holds that the subject of freight and related expenses under the contract of carriage of goods by sea is still,in principle,the contracting shipper,and only when a third party claims its rights can it bear the obligation to realize its rights,that is,to bear the corresponding obligation to pay the corresponding expenses.Chapter four of this thesis summarizes the provisions of the Chinese Maritime Code on recognizing the responsible subject of freight and related expenses,and holds that,firstly,the merchant’s concept,status and the legal relationship between the merchant and the carrier under the contract for the carriage of goods by sea should be clarified under the Chinese Maritime Code.And the three types of situations should be carried out systematic and clear legal provisions,for "the responsible subject of freight and related expenses in principle" "the situation of the third party to bear the corresponding expenses" "the subject of the unclaimed,refuse or late delivery of the goods".At the same time,the revision of the Chinese Maritime Code should also adapt to the practical needs of shipping practice,harmonize with the provisions of the Civil Code,and draw on the advanced provisions of the Rotterdam Rules.