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On China's maritime carrier liability system


On China's maritime carrier liability system

Tada Tada, China University of Technology Business School Associate Professor

responsibility of the carrier means a carrier at sea breach of contract of carriage of goods by sea convention, resulting in the carriage of goods loss, damage or delay in delivery should bear the liability. Because the risk of maritime transport and shipping industry and some things development is the world as a stage characterized by the sea carrier's liability in the civil liability system is outside the system to develop. 1924 ; provisions, it is called It is in the 1924 based, but also to absorb the ) And 1978 China has not yet joined the Convention,herve leger skirts, but contract set up a special section of the chapter provides a
First, the basic obligation of the carrier's statutory
China's maritime carrier liability regime to the statutory obligation of the carrier as its basic foundation, the other liability regimes, such as carrier exemption, duty period, the limitation of liability, carrier and the actual relationship between the carrier's liability system, or as the basis for all or established for that purpose. Basic legal obligations of the carrier is not our original system in our country, 1893, More reasonable and pragmatic principles of this legislation, not only for some Commonwealth countries maritime law to follow, 1924 Since then there have been many changes in maritime shipping, however, the bill of lading for the control of the legal tradition has never wavered. That is because in the liner, the bill of lading form of proof or the contract is often reflected by the sea freight shipping companies as a carrier of unilateral pre-prepared and printed, shippers generally in the position of passive acceptance, both cargo under bills of lading into the right and obligations under, it establishes the basic obligation of the carrier is a mandatory obligation to waive or reduce the basic obligations of the agreement and contribute to the insurance carrier [u] interests of the agreement will be found to be invalid, the carrier violated its basic obligations that should bear the liability, so that cargo interests can be the minimum guarantee, bill of lading for the parties to make up for the freedom of contract restrictions. As the bill of lading that is still widely used transport document,vibram five fingers outlet, the basic obligations of the legal system on the carrier still has vitality. It is in this context, the early 1990s until the advent of China's It includes the following:
carrier must first fulfill the obligation to make the ship seaworthy, and this is the basic guarantee of safe navigation of the carrier. China's The first is the ship itself seaworthy hull to be strong, solid, strong; ship machine design, structure,Beats By Dre Headphones, performance, etc. to be able to withstand the voyage in general or reasonably foreseeable risks. Second, with proper crew,Beats By Dre Studio, equipment, ships and equipped with supplies, which requires the captain and crew have the appropriate knowledge and skills is holding the appropriate qualifications of maritime professionals, is considered the carrier does not otherwise be handled with care to make the ship seaworthy; also requires proper equipment necessary for various types of marine equipment and vessels to be equipped with a range of types of supplies. The third is the ship should be suitable for goods that cargo, refrigerated tanks, air tanks and other cargo and safe premises for receiving, carrying and storage of goods.
airworthiness standards. Airworthiness standards are absolute and relative distinction. Absolute airworthiness requirements before sailing and sail on the carrier when the unseaworthiness causes of loss to be responsible for destruction of goods; relative airworthiness by the standard, as long as the carrier of the seaworthiness of the ship to make a careful handling of obligations, you do not take responsibility for airworthiness, practice is generally considered to have appropriate qualifications in the carrier or its servants, agents in the usual , the customary way to fulfill their obligations, is handled with care. To effectively solve the problem of safe operation of modern ships, the International Maritime Organization, adopted in 1993 the airworthiness standards.
airworthiness time. China's be handled carefully to fulfill their obligation of seaworthiness. After sailing the airworthiness unseaworthiness not be held responsible, because they require exposure to unpredictable risks in the maritime carrier to fulfill its ships on the shore in order to achieve the airworthiness standards is unrealistic. Vessel inspection agency issued a certificate of seaworthiness seaworthy objects can be regarded as prima facie evidence of vessel, cargo, such as to investigate the grounds of the ship was not seaworthy responsibility, to prove that the goods off the ship system damage caused by breach of the seaworthiness obligation ; the contrary, including the carrier, its agent, or servant, including the ship shall be done carefully handle the responsibility that make the ship seaworthy for the defense. However, many cases show that the likelihood of success is very small ship, a significant proportion of cases were sentenced to unseaworthiness.
carrier followed by the management of goods must make the obligations that the carrier shall properly and carefully load, move, stowage, carriage, custody, care and discharge the goods carried. China's people need to make reasonable care when handling the subjective requirements. Both of these close ties are indispensable. Here the pipe cargo carrier obligations and seaworthiness of the ship above the required proper cargo ship are two different things, the former object of cargo,ed hardy canada, which is targeted cargo hold and other premises.
TAG label: On the sea carrier liability of our system

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