6 chapter11 国际商法.docVIP

Chapter 11 Transportation Contents Summary………………………………………………………………………2 Outline…………………………………………………………………………3 Questions ………………………………………………………………………17 Vocabulary………………………………………………………………………21 Part 1 Summary This chapter is divided into eight parts: Trade terms Transportation Inland carriage Carriage of goods by sea E. Charter parties Maritime liens Maritime insurance Carriage of goods by air (1) Trade terms: trade terms define the time and place where the buyer is to take delivery, the times and place of payment, the price, the time when the risk of loss shifts from the seller to the buyer, the costs of freight and insurance, for instance, FOB. (2) Transportation: goods are picked up at sellers place of business by an inland carrier and transported to a seaport for carrying abroad. (3) Inland carriage: the first stage of transporting goods overseas involves an inland carrier, either a trucking or rail company, which moves the sellers goods from the sellers place of business to a seaport or airport. Carriers are liable for loss, damage, or delay up to the liability limit set by the convention, so long as the consignment note states that carriage is governed by the CMR. (4) Carriage of goods by sea: In the carriage of goods by sea, goods may be lost, damaged or deteriorated. The bill of lading is a contract of carriage between the consignor, the carrier and consignee that acts as a receipt of transfer of goods and as a negotiable instrument. The bill of lading also determines rights and liabilities agreed between parties to an international sale contract. The consignor retains ownership of the goods until the bill of lading is transferred to the consignee. Most bills of lading today are governed by international conventions such as the Hague Rules, Hague-Visby Rules and Hamburg Rules. (5) Charter parties: it is a contract for the hire of an entire ship for a particular voyage or a set period of time. (6) Maritime lien: it is a claim laid against maritime property, m