承运人的交货责任
发布时间：2018-08-29 16:16
【摘要】：货物在目的港进行交付是承运人履行海上货物运输的最后一个环节。由于海上运输所具有的特殊风险，导致实践中在这一环节上出现诸多问题，如货物的迟延交付、无单放货、无人提货等等。造成这些问题的原因有些是由于承运人在海上运输中遇见的特殊海上风险，有些则是由于承运人没有谨慎地甚至是存在过失地履行运输合同所致。可以这么说，海上运输中所有可能产生的问题都集中体现于承运人在目的港货物交货这一环节。然而，在交付环节产生的很多问题往往得不到合理解决，导致纠纷的产生。探究这种现象存在的原因，是由于法律对承运人交付环节没有做出明确的规定，无论是以往的《海牙规则》、《维斯比规则》、或是我国的《海商法》都没有给予清楚充分的规定，，有的甚至未曾涉及，这不能不说是一个遗憾。笔者试图通过本文对承运人交付问题的讨论以引起对此问题更多的关注。 本文在对三大公约及《海商法》对承运人交付问题的规定进行分析的基础上，试图通过三大公约与《海商法》在承运人的迟延交付及无单放货的规定进行比较、及与草案的最新规定进行比较的过程中，发现各自的优劣之处，总结归纳出对《海商法》的修改建议。 本文共有五章。第一章承运人交货责任概述，具体包括交付行为的性质、“交付”的含义；第二章迟延交付问题，具体包括三大公约及《海商法》对迟延交付的规定、迟延交付问题在实践与理论中存在的分歧及修改建议；第三章无单放货，具体包括无单放货问题在理论与实践上存在的分歧、对无单放货问题的定性及无单放货产生的责任；第四章草案的相关规定，具体包括草案的制定背景、草案对迟延交付与无单放货的相关规定、对草案的评价及对我国立法的借鉴意义；第五章结论。
[Abstract]:Delivery of goods at the port of destination is the last link for the carrier to carry out the carriage of goods by sea. Due to the special risks of carriage by sea, there are many problems in practice, such as delayed delivery of goods, delivery without bills of lading, no delivery of goods and so on. Some of the Special Maritime risks encountered in the carriage of goods by sea are due to the carrier's failure to perform the contract of carriage prudently or even negligently. It can be said that the problems that may arise in the carriage of goods by sea are concentrated in the delivery of goods by the carrier at the port of destination. The reason for the existence of this phenomenon is that the law has not made clear the delivery link of the carrier, whether in the past Hague Rules, Visby Rules, or China's Maritime Law has not given clear and sufficient provisions, and some have not even been involved, which can not be avoided. It is a pity. The author tries to arouse more attention to this problem by discussing the delivery of carrier.
Based on the analysis of the provisions of the three major conventions and the Maritime Code on the delivery of the carrier, this paper tries to compare the provisions of the three conventions with those of the Maritime Code on the delivery of the carrier's delay and delivery of the goods without a bill of lading, and finds out their respective advantages and disadvantages in the process of comparing them with the latest provisions of the draft. Amendments to the maritime code.
Chapter 1 is an overview of the carrier's liability for delivery, including the nature of the act of delivery and the meaning of "delivery"; Chapter 2 is about delayed delivery, including the provisions of the three major conventions and the Maritime Law on delayed delivery, the differences between the practice and the theory on delayed delivery and the suggestions for amendment; Chapter 3 is about delivery without bill of lading. Specifically, it includes the divergence between theory and Practice on delivery without B/L, the nature of delivery without B/L and the responsibility for delivery without B/L; the relevant provisions of the fourth draft, including the background of the draft, the relevant provisions of the draft on delayed delivery and delivery without B/L, the evaluation of the draft and the reference significance for our legislation. The fifth chapter is the conclusion.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.294
本文编号：2211732
[Abstract]:Delivery of goods at the port of destination is the last link for the carrier to carry out the carriage of goods by sea. Due to the special risks of carriage by sea, there are many problems in practice, such as delayed delivery of goods, delivery without bills of lading, no delivery of goods and so on. Some of the Special Maritime risks encountered in the carriage of goods by sea are due to the carrier's failure to perform the contract of carriage prudently or even negligently. It can be said that the problems that may arise in the carriage of goods by sea are concentrated in the delivery of goods by the carrier at the port of destination. The reason for the existence of this phenomenon is that the law has not made clear the delivery link of the carrier, whether in the past Hague Rules, Visby Rules, or China's Maritime Law has not given clear and sufficient provisions, and some have not even been involved, which can not be avoided. It is a pity. The author tries to arouse more attention to this problem by discussing the delivery of carrier.
Based on the analysis of the provisions of the three major conventions and the Maritime Code on the delivery of the carrier, this paper tries to compare the provisions of the three conventions with those of the Maritime Code on the delivery of the carrier's delay and delivery of the goods without a bill of lading, and finds out their respective advantages and disadvantages in the process of comparing them with the latest provisions of the draft. Amendments to the maritime code.
Chapter 1 is an overview of the carrier's liability for delivery, including the nature of the act of delivery and the meaning of "delivery"; Chapter 2 is about delayed delivery, including the provisions of the three major conventions and the Maritime Law on delayed delivery, the differences between the practice and the theory on delayed delivery and the suggestions for amendment; Chapter 3 is about delivery without bill of lading. Specifically, it includes the divergence between theory and Practice on delivery without B/L, the nature of delivery without B/L and the responsibility for delivery without B/L; the relevant provisions of the fourth draft, including the background of the draft, the relevant provisions of the draft on delayed delivery and delivery without B/L, the evaluation of the draft and the reference significance for our legislation. The fifth chapter is the conclusion.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.294
【引证文献】
相关硕士学位论文 前1条
1 王威;FOB术语下无单放货问题研究[D];长春工业大学;2011年
本文编号：2211732
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