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A Study on Legal System of Maritime Performing Party

Author: YuZuo
Tutor: LiHai
School: Dalian Maritime University
Course: Legal
Keywords: Rotterdam Rule Performing Party Maritime Performing Party Actual Carrier
CLC: D996
Type: Master's thesis
Year: 2011
Downloads: 92
Quote: 0
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Abstract


United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly("Rotterdam rules") is the great achievement of International Maritime Transport Law in the process of development and unity in the 21st century. The system of maritime peforming party as an important part of the Convention, can help solve the uneven and not uniform statement that states’ adjustment of the maritime performing party, is the most comprehensive and thorough innovation. Compliance assistant system of Civil law is the legal basis of the system of maritime performing party, in order to adapt to the needs of the practice of shipping, marine cargo transportation performance assistant system has undergone several modes, including the case law and legal provisions of "Himalaya clause", actual carrier system, performing carrier system of COGSA, and finally established the the system of maritime performing party of. This paper carries out a detailed analysis of the system of maritime performing party in "Rotterdam rules", puts to build our country’s system of maritime performing party strategy. But in our country, the limit liability issues of port operators is impossible to solve in a short time, this paper puts forward suggestionson on limit liability issues of China’s port operator as the carrier compliance assistant.The paper consists of five parts:Part one reviews the history of the institution of maritime performing party, gives a introduce of the civil code compliance assistant system and assistant system of maritime transport of goods by sea, them leads to the establishment of the maritime performing party system. Part two interpretates the concept of maritime performing party of the convention, and compares with other related concepts, obtains the characteristics and types of maritime performing party, in order to distinguish the maritime performing party from performing party. Party three discusses the the rights, obligations and responsibilities of the maritime performing party under the convention. Party four evaluates the maritime performing party institution.Part five, based on the above analysis, analyses the impact on maritime transport services in China, points out the difference between China’s relevant institution and the maritime performing party system and the barrier of construction, then proposes the strategy of building the system of maritime performing party.

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