海上货物运输承运人识别问题探讨——以“中基案”为视角.pdfVIP

Abstract The identification of the carriage of goods by sea carrier, has always been the focus and difficult topic in the maritime law. Different countries have big gaps in understanding of this problem, coupled with that there are not a carrier of carriage of goods by Sea Authority defined standards and effective identification system so far international , resulting in the long-term judicial practice in such cases is not stability judgment. Besides the preface, this paper consists of four parts. The first part is the introdoction of the case. First of all, the basic situation of the case at the beginning, summarizes three main point of controverisions between the plaintiff and defendant and the courts decision, finally through analying the dispute in this case ,the center should be the identification of the carrier. The second part introduces some basic theory of identification of carrier, this part is composed of the following four aspects. First of all, through the four convention of analysis of law introduced carrier concept; secondly introduces the reasons of identification of carrier, which divided into four dots ; then discusses the identification of the carrier sense; finally, summarizes the theoretical and practical study on identification of carrier and summarizes the main countries. The third part mainly introduces the main methods of identification of carrier, divided into the identification of the carrier under the liner, under time charter party, the identification of the carrier and the ship owner and the charterer assumes three main conditions of joint and several liability to the third party. Focuses on the problem of identification of carrier under time charter party. The fourth