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International Carriage of Goods by Sea of Pure Economic Loss
Author: JiaLanYing
Tutor: DanHongJun
School: Dalian Maritime University
Course: Legal
Keywords: pure economic loss causal relationship delay in delivery
CLC: D996.19
Type: Master's thesis
Year: 2011
Downloads: 73
Quote: 1
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Abstract
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Carriage of goods by sea, which is related to the whole world and plays a very significant proportion in international trade, especially in the international carriage of goods by sea. But there are so much force majeure,weather or man-made accident-risk factors and so on which makes the process of maritime transport always in danger. Economic losses in the event of damages may be as many as tens of thousands or even Millions of dollars, which caused widespread concern of scholars both at home and abroad.Over the years, generally in national legal systems to personal rights and property ownership as a concept to define the position of pure economic loss.It was described as one type economic loss which is not directly related to the plaintiffs personal and property.Therefore, pure economic loss established on the principle of no compensation. With the social and economic development that this kind of principle major consider causality obviously can not fully meet the practical problem of pure economic loss in the need to solve. More and more cases or exceptions applicable exclusion principle, breaking tradition, so that the victims be compensated. This article through the analysis of the pure economic loss theoretical connotation and external performance of the different legal systems of different legal provisions in the states to discuss the international carriage of goods by sea of the pure economic loss.Through studying its payment system and improve the measures proposes amendments on China’s "maritime"the relevant provisions.This paper mainly contains five chapters as follows:The first chapter introduces the basic theory of pure economic loss.The second chapter focuses on the protection of pure economic loss.The third chapter analyzes the international carriage of goods by sea when the carrier delay in delivery of pure economic loss, discusses the relevant legal provisions of the payment system.The fourth chapter is how the carrier to compensate the pure economic loss for delaying in delivery.The fifth chapter is the author of the delay in delivery of compensation for pure economic loss caused made perfect recommendations.
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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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