对鹿特丹规则主要规范的法律周延性研究
发布时间：2018-07-18 15:50
【摘要】： 法律的周延性是指应受法律调整的社会关系能够完全的被法律所调整,对一部公约而言,其周延性就是指其所调整的范围能够尽可能的被所制定的公约调整。2008年岁末,一个新的海运国际公约—鹿特丹规则吸引了全球海事界的目光,它扩大了以往海运公约的适用范围,对海上货物运输有着重要的影响。公约的最终目的是要统一国际海运立法,而其能否统一现有的国际海运立法从公约本身而言要求其具有严密的法律周延性。本文写作的目的是就是对鹿特丹规则中的主要规范,从法律周延性的角度去探讨其内在的涵义及其影响。 本文共分4章:第1章是关于鹿特丹规则在调整范围上的周延性研究,介绍了鹿特丹规则产生的背景,具体介绍了鹿特丹规则在适用范围和承运人责任期间所做的规定以及鹿特丹规则和传统的三大公约与我国海商法在适用范上,对周延性所进行的比较分析。第2章是关于鹿特丹规则中众多主体的存在所涉及的法律周延性问题的研究,首先对传统三大公约和我国海商法对海上货物运输的主体在周延性上进行了介绍,其次介绍了鹿特丹规则中众多的主体,包括海运履约方等新的主体的产生及其评价以及主体的变化所影响的主体责任的变化,从而对公约主体在周延性上进行分析总结。第3章是关于鹿特丹规则中运输单证的周延性研究,首先介绍了运输法中对提单的规定,其次介绍了鹿特丹规则对运输单证和电子运输记录的规定,对于提单和运输单证在周延性问题上进行比较分析。第4章是对鹿特丹规则规定的连带责任的法律周延性问题研究,列明了海上货物运输法和鹿特丹规则对连带责任的不同规定,对两者在法律周延性上进行分析比较。 我国《海商法》实施了15年,正是启动修订的最好时机,本文旨在通过对鹿特丹规则中主要规范的周延性研究,以此来对我国《海商法》在修订过程中所可能面临的周延性问题上带来一些启示和参考价值。
[Abstract]:The circumstantial nature of the law means that the social relations that should be regulated by the law can be completely regulated by the law. For a convention, its periodicity means that the scope it adjusts can be adjusted by the convention as far as possible. Rotterdam rules, a new international convention on maritime transport, attracts the attention of the global maritime community. It expands the scope of application of the previous maritime conventions and has an important impact on the carriage of goods by sea. The ultimate purpose of the convention is to unify the international maritime transport legislation, and whether it can unify the existing international maritime transport legislation requires its strict legal periodicity from the point of view of the convention itself. The purpose of this paper is to discuss the inner meaning and influence of Rotterdam rules from the perspective of legal periodicity. This paper is divided into four chapters: chapter 1 is about the circumstantial study of Rotterdam rules in the scope of adjustment, and introduces the background of Rotterdam rules. This paper introduces the scope of application of the Rotterdam rules and the provisions made during the period of carrier's liability, as well as the comparative analysis of the periodicity between the Rotterdam rules and the traditional three conventions and the maritime law of our country. Chapter 2 is about the study of the legal periodicity involved in the existence of many subjects in the Rotterdam rules. Firstly, it introduces the traditional three conventions and the maritime law of our country to the subject of the carriage of goods by sea. Secondly, it introduces the emergence and evaluation of many subjects in Rotterdam rules, including maritime performing party, and the change of subject responsibility influenced by the change of subject, so as to analyze and summarize the periodicity of the subject of the Convention. Chapter 3 is a study on the periodicity of transport documents in the Rotterdam rules. Firstly, the provisions of the transport law on bills of lading are introduced, and then the provisions of the Rotterdam rules on transport documents and electronic transport records are introduced. To carry on the comparative analysis to the bill of lading and the transport document on the issue of periodicity. Chapter 4 is a study on the legal periodicity of joint and several liability under the Rotterdam rules, which lists the different provisions of the Law of Carriage of goods by Sea and the Rotterdam rules on the joint and several liability, and analyzes and compares the legal periodicity of the two rules. China's Maritime Law has been in force for 15 years, which is the best time to start the revision. The purpose of this paper is to make a thorough study of the main norms in the Rotterdam rules. In order to bring some enlightenment and reference value to China's Maritime Law in the process of revision may be faced with the circumstantial problems.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D996.19
本文编号：2132389
[Abstract]:The circumstantial nature of the law means that the social relations that should be regulated by the law can be completely regulated by the law. For a convention, its periodicity means that the scope it adjusts can be adjusted by the convention as far as possible. Rotterdam rules, a new international convention on maritime transport, attracts the attention of the global maritime community. It expands the scope of application of the previous maritime conventions and has an important impact on the carriage of goods by sea. The ultimate purpose of the convention is to unify the international maritime transport legislation, and whether it can unify the existing international maritime transport legislation requires its strict legal periodicity from the point of view of the convention itself. The purpose of this paper is to discuss the inner meaning and influence of Rotterdam rules from the perspective of legal periodicity. This paper is divided into four chapters: chapter 1 is about the circumstantial study of Rotterdam rules in the scope of adjustment, and introduces the background of Rotterdam rules. This paper introduces the scope of application of the Rotterdam rules and the provisions made during the period of carrier's liability, as well as the comparative analysis of the periodicity between the Rotterdam rules and the traditional three conventions and the maritime law of our country. Chapter 2 is about the study of the legal periodicity involved in the existence of many subjects in the Rotterdam rules. Firstly, it introduces the traditional three conventions and the maritime law of our country to the subject of the carriage of goods by sea. Secondly, it introduces the emergence and evaluation of many subjects in Rotterdam rules, including maritime performing party, and the change of subject responsibility influenced by the change of subject, so as to analyze and summarize the periodicity of the subject of the Convention. Chapter 3 is a study on the periodicity of transport documents in the Rotterdam rules. Firstly, the provisions of the transport law on bills of lading are introduced, and then the provisions of the Rotterdam rules on transport documents and electronic transport records are introduced. To carry on the comparative analysis to the bill of lading and the transport document on the issue of periodicity. Chapter 4 is a study on the legal periodicity of joint and several liability under the Rotterdam rules, which lists the different provisions of the Law of Carriage of goods by Sea and the Rotterdam rules on the joint and several liability, and analyzes and compares the legal periodicity of the two rules. China's Maritime Law has been in force for 15 years, which is the best time to start the revision. The purpose of this paper is to make a thorough study of the main norms in the Rotterdam rules. In order to bring some enlightenment and reference value to China's Maritime Law in the process of revision may be faced with the circumstantial problems.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D996.19
【引证文献】
相关硕士学位论文 前2条
1 李玮;《鹿特丹规则》非海运区段规定对我国内陆运输的影响研究[D];大连海事大学;2011年
2 石佩文;《鹿特丹规则》下承运人责任基础问题研究[D];大连海事大学;2011年
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