Dissertation > Excellent graduate degree dissertation topics show

On Basic Theoretical Problems of Contract Liability for Damages of Carrier in Carriage of Goods by Sea

Author: JiangYiFeng
Tutor: YangZhaoNan
School: Shanghai Maritime University
Course: International Law
Keywords: International maritime cargo transport contract Carrier damages Obligation Fault Damage to the facts Causality
CLC: D996.19
Type: Master's thesis
Year: 2001
Downloads: 121
Quote: 1
Read: Download Dissertation

Abstract


In this paper, the international community has tried unified maritime cargo transport laws and modify the background of the Maritime Law of the People's Republic of China is brewing under international maritime cargo transport carrier damage liability regime for clues, according to the China Maritime Law \theory, and in the light of international conventions and the relevant foreign jurisprudence and doctrine, discussed the basic theoretical question: damage liability carrier in a contract of carriage of goods by sea the carrier's obligations and breach of the carrier's fault, the carrier shall be responsible for damage to the causal relationship between the fact and the breach of the carrier and the loss. The first chapter, the carrier's obligation to its breach. Generally believed to make the ship seaworthy, management of goods and non-deviation is the basic obligations of the carrier in the international maritime cargo transport contract. This chapter by proving that the goods cargo the \intact, in a timely manner the goods reach their destination, delivered to the consignee the carrier to bear the primary obligation in the contract. Then analyzes the carrier's breach and breach of contract related to a number of specific issues. Chapter II, the carrier's fault. This chapter first expounded the significance of the discussion carrier fault, put forward the principle of responsibility of the carrier fault liability or strict liability involve fault, strict liability, fault is the carrier quoted Disclaimer before the premise. Then, according to the carrier can not prove exempted from liability without fault, China's \Then, according to the carrier in good condition in a timely manner, the obligation to deliver the goods, the performance of the carrier's fault no measures should be taken for goods delivered in good condition to take a good administrator, specific performance did not take appropriate measures to make the ship seaworthy, and by analyzing the relationship between the fault and disclaimer before to discuss the fault proof. Final analysis to perform auxiliary person responsible according to the carrier. Chapter 3, the carrier shall be responsible for damage to the facts. This chapter for goods damaged or destroyed, whether the carrier compensation for lost profits and other economic losses controversial analysis of goods \The causal relationship between the breach and loss of the carrier. This article is not uniform methods and standards for the trial judge causality problem, proposed the method of using the practice should be a clear determination of causation, identified a causal relationship should be two levels, the first is based on either no rules to determine the facts on whether a causal link, followed in accordance with the rules of the reasonably foreseeable to determine whether a causal link on the law, the last carrier compensation on causality.

Related Dissertations

  1. Design and Development of Application Programme for Fault Analyzer Based on Wince Platform,TP311.52
  2. Research on the 6-Dof Fault Tolerant Control of the Vibration Isolation Platform with Eight Actuators,TB535.1
  3. Design and Fault Diagnosis of the Coarse Pointing Control System in Satellite Laser Communication,V443.1
  4. Polarized-Light/Geomagnetism/GPS/SINS Integrated Navigation Algorithm,V249.328
  5. The Research of the Fault Diagnoses Algorithm for the Liquid Rocket Engine Testing Bed Based on PCA-SVM,V433.9
  6. Research on Fault Detection and Network Reconfiguration Algorithms for Distribution Network,TM727
  7. Research of Fault Injection for a Distributed System,TP338.8
  8. The Research and Implementation of Software Oriented Fault Injection Tool,TP311.52
  9. Fault Diagnosis Method Based on Support Vector Machine,TP18
  10. Research on the Key Technology of Waterborne Transport Security System,U698
  11. Research on Intellectualized Diagnostic Device Applied to Distribution Lines,TM755
  12. Research on the Electromagnet Lock of Earth Fault Protection for 10kV Switchgear,TM591
  13. Fault combinations on water inrush and Its Prevention Research,TD745
  14. The Study on the Nonfeasance Dereliction of Duty,D924.393
  15. Research on Consent Search and Its Construction in China,D925.2
  16. BOT financing risk assessment method based on fault tree study,F283
  17. Empirical Analysis on the Relationship Between Financial Development and Economic Growth of Shandong Province,F127;F224
  18. Study on the Divorce Proceedings Involved with Domestic Violence,D923.9
  19. On Defects and Improvement of Our National Auto Tpl Compulsory Insurance System,D922.284
  20. The Research on Distribution Network Protection Strategy Based on the Analysis of Fault Characteristics of Inverter-based Distributed Generation,TM77
  21. The Research and Application of the State Evaluation Method of Power Generation Equipment,TM621.3

CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
© 2012 www.DissertationTopic.Net  Mobile