On Legal System Regarding Actual Carrier - At the angle of Voyage Charter Party-
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In Chinese Maritime Code, the system of actual carrier was introduced from <Hamburg Rules>. the concept of actual carrier is provided in Section one which is the “Basic Principles” of Chapter four (Contract of Carriage of Goods by Sea).Such arrangement about legal structure means that the system of actual carrier should apply to all kinds of contract of carriage of goods by sea. Nevertheless, in the maritime judicial practice, some persons argue that this system applies only to the bill of lading rather than voyage charter party. In this article, the authors discussed the connotation of this system at four levels and pointed out that such system should apply not only to the B/L but also to the charter party, otherwise, the significance for regulating such system shall be diminished.
Abstract
In Chinese Maritime Code, the system of actual carrier was introduced from <Hamburg Rules>. the concept of actual carrier is provided in Section one which is the “Basic Principles” of Chapter four (Contract of Carriage of Goods by Sea).Such arrangement about legal structure means that the system of actual carrier should apply to all kinds of contract of carriage of goods by sea. Nevertheless, in the maritime judicial practice, some persons argue that this system applies only to the bill of lading rather than voyage charter party. In this article, the authors discussed the connotation of this system at four levels and pointed out that such system should apply not only to the B/L but also to the charter party, otherwise, the significance for regulating such system shall be diminished.
참고문헌 (11)
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- Fu Tingzhong, "On Maritime Law" (2007), Law Press
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- John F. Wilson, "Carriage of Goods by Sea" (2001), Longman
- John F. Wilson, "Carriage of Goods by Sea" (2008), Pearson
- Ke Zedong, "Maritime Law" (2006), Yuanzhao Publishing Company
- Meng Yuqun, "Law and Practice regarding International Carriage of Goods by Sea" (2007)
- Si Yuzhuo, "On Joint Liability of Carrier and Actual Carrier", Forum of Maritime Law (2007), China Commerce and Trade Press
- Si Yuzhuo, "Study on the Theories of Chinese Maritime Law" (2009), Peking University Press
- "Law Review of Shanghai Maritime University", ~ (2006)
- "Annual of China Maritime Trial" (2007), China Communication Press