海上货物运输法的适用范围研究
发布时间：2018-08-20 07:28
【摘要】：联合国贸法会正在审议和磋商的《运输法草案》是当今海商法界最热点的问题之一。目前国际上有关海上货物运输的国际公约对各自的适用范围有不同的规定,随着航运实践的发展,这些规定已不能满足航运现实需求,部分原来属于运输法适用范围的合同类型也不宜再受运输法的强制性调整,并且许多新出现的运输合同的法律适用也不明确。2004年在纽约召开的联合国贸法会第十三届会议上,中国代表团就《运输法草案》第19章和契约自由问题向大会提交了一项提案——当将运输法的适用范围分为两类不同情况:一类属于强制性适用的范畴,建立在“运输单证”的基础上:另一类属于任意性适用的范畴,建立在“经自由协商订立的协议”的概念上。相对于以往的公约和一般观点,该提案体现的是一种全新的思路。本文结合这一提案,并运用合同自由与限制原则,就海上货物运输法的适用范围问题进行论述。 全文结构上共分为四章:第一章为海上货物运输法适用范围的一般理论研究,第二章为海上货物运输法的强制性适用,第三章为海上货物运输法的任意性适用和排除适用,第四章为本文的结尾部分,第四章为海上货物运输法适用范围的最新发展对我国的影响和对策研究。
[Abstract]:The draft Transport Law, which is being considered and negotiated by the Joint International Trade Law Association, is one of the hottest issues in maritime law. At present, the international conventions on the carriage of goods by sea have different applicable scope. With the development of shipping practice, these provisions can no longer meet the actual needs of shipping. Some of the types of contracts that were originally covered by transport law should no longer be subject to mandatory adjustments under transport law, and the legal application of many emerging transport contracts is also unclear. At the thirteenth session of the Joint International Trade Law Commission, held in New York in 2004, His delegation had submitted a proposal to the General Assembly on chapter 19 of the draft Transport Law and freedom of contract when the scope of application of transport law was divided into two distinct categories: one falling within the category of mandatory application. On the basis of "transport document": the other category belongs to the category of arbitrariness and is based on the concept of "freely negotiated agreement". Compared with previous conventions and general views, the proposal represents a new way of thinking. Combined with this proposal and applying the principle of freedom of contract and restriction, this paper discusses the scope of application of the law of carriage of goods by sea. The whole text is divided into four chapters: the first chapter is the general theoretical research on the scope of application of the law of carriage of goods by sea, the second chapter is the mandatory application of the law of carriage of goods by sea, the third chapter is the arbitrary application and exclusionary application of the law of the carriage of goods by sea. The fourth chapter is the last part of this paper, the fourth chapter is the latest development of the scope of application of the law of carriage of goods by sea and the research on the countermeasures.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D996.1
本文编号：2192870
[Abstract]:The draft Transport Law, which is being considered and negotiated by the Joint International Trade Law Association, is one of the hottest issues in maritime law. At present, the international conventions on the carriage of goods by sea have different applicable scope. With the development of shipping practice, these provisions can no longer meet the actual needs of shipping. Some of the types of contracts that were originally covered by transport law should no longer be subject to mandatory adjustments under transport law, and the legal application of many emerging transport contracts is also unclear. At the thirteenth session of the Joint International Trade Law Commission, held in New York in 2004, His delegation had submitted a proposal to the General Assembly on chapter 19 of the draft Transport Law and freedom of contract when the scope of application of transport law was divided into two distinct categories: one falling within the category of mandatory application. On the basis of "transport document": the other category belongs to the category of arbitrariness and is based on the concept of "freely negotiated agreement". Compared with previous conventions and general views, the proposal represents a new way of thinking. Combined with this proposal and applying the principle of freedom of contract and restriction, this paper discusses the scope of application of the law of carriage of goods by sea. The whole text is divided into four chapters: the first chapter is the general theoretical research on the scope of application of the law of carriage of goods by sea, the second chapter is the mandatory application of the law of carriage of goods by sea, the third chapter is the arbitrary application and exclusionary application of the law of the carriage of goods by sea. The fourth chapter is the last part of this paper, the fourth chapter is the latest development of the scope of application of the law of carriage of goods by sea and the research on the countermeasures.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D996.1
【引证文献】
相关期刊论文 前1条
1 傅志军;;《鹿特丹规则》对我国国际海运业的影响[J];集装箱化;2012年07期
相关博士学位论文 前1条
1 马得懿;海上货物运输法强制性体制论[D];大连海事大学;2009年
相关硕士学位论文 前3条
1 黄晓丽;批量合同法律问题研究[D];大连海事大学;2009年
2 臧媛;对鹿特丹规则主要规范的法律周延性研究[D];大连海事大学;2009年
3 燕大录;论海上货物运输法强制性规范的冲突与解决[D];复旦大学;2012年
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