중국 국제복합운송인 책임제도에 관한 연구
A Study on Chinese International Multimodal Transportation Liability Regime
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This article briefly examines the liability regime of international multimodal transport followed by introduction of international and national multimodal transport legal system. After reviewing the status of multimodal transport liability regimes, this article concluded that the revision of the MT Convention was not a feasible option. And that the harmonization of liability rules could be achieved through the incorporation of self-regulatory provisions into private contract. The main purpose of this article is to study Chinese Multimodal legal regime. The laws and regulations dealing with multimodal transport in China are contained in ‘the Maritime Code 1993 Chapter IV Section 8 Special Provisions Regarding Multimodal Transport Contract’ and ‘the Contract Law 1999 Chapter 17 Section 4 Contracts for Multimodal Transportation’. It is understood that in principle, the relevant provisions of the Contract Law 1999 apply to all contracts, including contracts for multimodal transport. However, according to article 123 of chapter 8 of the same law: “If there are provisions as otherwise stipulated in respect to contracts in other laws, such provisions shall be followed.” It appears that the multimodal transport contracts for carriage of goods involving a sea leg are governed by the provisions of the Maritime Code 1993. They do not, therefore, fall within the ambit of “other laws” referred to in article 123 of the Contract Law. Thus any provisions therein contrary to those of the Maritime Code or the Contract Law will be considered null and void. As there are no provisions dealing with multimodal tranport in rail, road or civil aviation laws, the multimodal transport without a sea leg will be subject to the provisions of the section 4, chapter 17 of the Contract Law, article 311 of which provides for a strict liability system for the MTO in case of concealed damage where the stage of transport in which the loss or damage took place cannot be ascertained. It is, therefore, proposed to examine the relevant provisions of these laws and regulations.
Abstract
This article briefly examines the liability regime of international multimodal transport followed by introduction of international and national multimodal transport legal system. After reviewing the status of multimodal transport liability regimes, this article concluded that the revision of the MT Convention was not a feasible option. And that the harmonization of liability rules could be achieved through the incorporation of self-regulatory provisions into private contract. The main purpose of this article is to study Chinese Multimodal legal regime. The laws and regulations dealing with multimodal transport in China are contained in ‘the Maritime Code 1993 Chapter IV Section 8 Special Provisions Regarding Multimodal Transport Contract’ and ‘the Contract Law 1999 Chapter 17 Section 4 Contracts for Multimodal Transportation’. It is understood that in principle, the relevant provisions of the Contract Law 1999 apply to all contracts, including contracts for multimodal transport. However, according to article 123 of chapter 8 of the same law: “If there are provisions as otherwise stipulated in respect to contracts in other laws, such provisions shall be followed.” It appears that the multimodal transport contracts for carriage of goods involving a sea leg are governed by the provisions of the Maritime Code 1993. They do not, therefore, fall within the ambit of “other laws” referred to in article 123 of the Contract Law. Thus any provisions therein contrary to those of the Maritime Code or the Contract Law will be considered null and void. As there are no provisions dealing with multimodal tranport in rail, road or civil aviation laws, the multimodal transport without a sea leg will be subject to the provisions of the section 4, chapter 17 of the Contract Law, article 311 of which provides for a strict liability system for the MTO in case of concealed damage where the stage of transport in which the loss or damage took place cannot be ascertained. It is, therefore, proposed to examine the relevant provisions of these laws and regulations.
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