On Legal System Regarding Actual Carrier - At the angle of Voyage Charter Party-
On Legal System Regarding Actual Carrier - At the angle of Voyage Charter Party-
김추(金秋), 부정중(傅廷中)
초록
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.