Study On The Contractual Liability Of International Maritime Logistics Operators

Traditional logistics to modern integrated logistics,of which international maritime logistics to low cost,large capacity and other characteristics occupy a dominant position.International maritime logistics integrates traditional transportation,warehousing,freight forwarding,packaging,distribution processing,information processing and other services together,with complex rights and obligations,and belongs to a nameless contract.When there is no clear agreement in the contract,the judicial authority chooses to apply the provisions of the famous contract to deal with logistics contract disputes,which is against the essential characteristics of the integration and synthesis of international maritime logistics services,and also has the defect of not being able to solve the unclear interval of cargo damage.Theoretically,the general provisions of contract law should be applied,but the operability is poor and cannot play a role in adjusting complex contracts,which is not conducive to the protection of the interests of the parties and the construction of modern logistics system.As the vast majority of goods are under the control of the international maritime logistics operator,the study of the logistics contract liability of the international maritime logistics operator has become a matter of urgency.Determining the liability of an international maritime logistics operator for a logistics contract needs to be studied on two levels: whether the international maritime logistics operator assumes liability and the specific scope of compensation to be awarded if liability is established.The form of the liability regime of an international maritime logistics operator,the basis of liability and the exclusions from liability need to be determined.As international maritime logistics is based on multimodal transport,the form of liability regime for international maritime logistics operators can be determined by comparing it to the form of liability regime for multimodal transport operators.At present,there are four types of liability regimes,and after comparison,the "revised uniform liability regime" is the most consistent with the characteristics of international maritime logistics performance,and becomes the natural choice for the form of liability regime for international maritime logistics operators.Therefore,the principle of attribution of contractual liability for international maritime logistics operators should first be determined as "modified" or "uniform",and after determining whether it should be "uniform",then analyse whether strict liability or fault liability should be applied.After determining whether it should be "uniform",then analyse whether strict liability or fault-based liability should apply.After solving the question of whether the contractual liability of the international maritime logistics operator is established according to the form of the liability system and the principle of imputation,then analyse whether the international maritime logistics operator can be fully or partially exempted from liability according to the contractual agreement or the law,i.e.the exclusion of liability.To determine the exclusion of liability,it is necessary to analyse the legal provisions of the various services in international maritime logistics,focusing on whether the special exclusion of liability in the maritime transport sector should apply to the international maritime logistics operator and whether the exclusion of liability should be "uniform" or "modified".Once the contractual liability of the international maritime logistics operator has been established,the specific amount of compensation is further determined.After combing through the legal provisions on the scope of indemnity for the various aspects of international maritime logistics,it was found that the scope of indemnity for some of the transport aspects conflicted with the "principle of full indemnity" and the "principle of foreseeability limitation" stipulated in the Civil Code.The scope of liability of the operator of international maritime logistics should be clarified as to whether the "relimitation" of the "foreseeability limitation principle" in the Civil Code is applicable to the scope of liability of the operator of international maritime logistics.At the same time,as international maritime logistics includes the maritime transport sector,it is necessary to examine whether the special limitation of liability regime in maritime freight transport law should be applied to international maritime logistics operators.The contractual liability of international maritime logistics operators is independent,and existing laws cannot properly address the contractual liability of international maritime logistics operators,so the contractual liability regime of international maritime logistics operators should be constructed.Theoretically,there are two paths: separate legislation on logistics and the naming of logistics contracts in the Civil Code,but due to the constraints of legislative costs and reality,the naming of logistics contracts in the Civil Code is the best choice.