论合同成立理论在海商合同中的应用
发布时间：2018-10-08 08:44
【摘要】： 本文根据《海商法》、《新合同法》及其他有关海商合同的法律法规，结合中国海商合同的订约实践，对合同成立的一般理论加以系统研究，，并在此基础上，对各类海商合同的成立问题进行具体分析。 本文共分七章。 第一章从订约当事人、合同成立的标准、合同成立的时间、地点、合同成立的证据、以及合同的成立与有效的关系六方面入手，系统地讨论了合同成立的一般原理。其中，重点研究了合同成立的标准(当事人对合同主要条款协商一致)、书面形式对合同成立的影响(它不是合同成立的要件)以及对“要约是希望和他人订立合同的意思表示”的判定(应对要约本身而非要约人内心真实想法加以研究)三个问题，为以后各章的研究打下基础。 第二章简单地介绍了海商合同的概念、分类和海商合同的法律适用问题。 第三章是关于海上货物运输合同的成立问题。包括六节内容，即海上货物运输合同概述、班轮运输合同、航次租船合同、水路货物运输合同、多式联运合同和包运合同。在本章中，笔者对船期表的性质(视其所附之条件来判定)和水路货物运输合同成立的时间(承诺生效时)以及包运合同的必备条款(运量、航次数、运输时段)三个问题提出了自己的看法。本章是本文的重点。 第四章是海上旅客运输合同的成立。笔者对客票的签发与海上旅客运输合同的成立之间的关系(合同并非在客票签发时成立)进行了重点探讨。 第五章讨论了租船合同的成立。包括概述、定期租船合同、光船租赁合同和拖航合同四节内容。笔者对登记程序在光船租赁合同中的地位(不影响合同的成立)加以研究 第六章为救助合同成立问题的研究。笔者对救助合同的订约当事人作了重点研究，尤其是对船长的货方的紧急代理人身份(视情况而定)进行重点分析。 最后一章，笔者对海上保险合同的成立进行了探讨。 除上述内容外，笔者还对现行的法律法规的缺陷加以研究，并提出了一些立法建议，(如对货代的管理问题)以供参考。
[Abstract]:According to the Maritime Law, the New contract Law and other laws and regulations concerning the maritime contracts, this paper systematically studies the general theory of the formation of the contracts according to the practice of the contracting of the Chinese maritime contracts, and on this basis, the author makes a systematic study on the general theory of the formation of the contracts, and on this basis, The establishment of various types of maritime contracts for specific analysis. This paper is divided into seven chapters. The first chapter discusses the general principle of contract formation systematically from six aspects: contracting parties, the standard of contract formation, the time and place of contract formation, the evidence of contract formation, and the relationship between contract formation and validity. Of which, It focuses on the criteria for the formation of the contract (the parties agree on the main terms of the contract), the effect of the written form on the formation of the contract (it is not an essential element of the formation of the contract) and the meaning of "the offer is the wish to enter into a contract with another person". There are three issues in the determination of the offer (the offer itself, rather than the true mind of the offeror), To lay a foundation for the later chapters of the study. The second chapter briefly introduces the concept, classification and legal application of maritime contracts. The third chapter is about the establishment of the contract of carriage of goods by sea. It includes six sections, I. e., an overview of the contract for the carriage of goods by sea, a contract for liner transportation, a charter party for voyages, a contract for the carriage of goods by water, a contract for multimodal transport and a contract for the carriage of goods by parcel. In this chapter, the author discusses the nature of the ship schedule (according to the attached conditions), the time of formation of the contract for the carriage of goods by water (when the commitment becomes effective) and the necessary clauses of the contract of package shipping (quantity of shipment, number of voyages, etc.) Three questions put forward their own views. This chapter is the focus of this paper. The fourth chapter is the establishment of the contract of carriage of passengers by sea. This paper mainly discusses the relationship between the issuance of ticket and the establishment of the contract of carriage of passengers by sea (the contract is not established when the ticket is issued). Chapter five discusses the establishment of charter party. Includes an overview, term charter, bareboat charter and towing contract four sections. The author makes a study on the status of registration procedure in bareboat charter contract (not affecting the establishment of the contract). The sixth chapter is the research on the establishment of salvage contract. The author focuses on the research of the contracting parties to the salvage contract, especially on the emergency agent identity of the shipmaster's consignor (as the case may be). In the last chapter, the author discusses the establishment of marine insurance contract. In addition to the above contents, the author also studies the defects of the existing laws and regulations, and puts forward some legislative suggestions (such as the management of freight forwarders) for reference.
【学位授予单位】：上海海运学院
【学位级别】：硕士
【学位授予年份】：2001
【分类号】：D922.294
本文编号：2256142
[Abstract]:According to the Maritime Law, the New contract Law and other laws and regulations concerning the maritime contracts, this paper systematically studies the general theory of the formation of the contracts according to the practice of the contracting of the Chinese maritime contracts, and on this basis, the author makes a systematic study on the general theory of the formation of the contracts, and on this basis, The establishment of various types of maritime contracts for specific analysis. This paper is divided into seven chapters. The first chapter discusses the general principle of contract formation systematically from six aspects: contracting parties, the standard of contract formation, the time and place of contract formation, the evidence of contract formation, and the relationship between contract formation and validity. Of which, It focuses on the criteria for the formation of the contract (the parties agree on the main terms of the contract), the effect of the written form on the formation of the contract (it is not an essential element of the formation of the contract) and the meaning of "the offer is the wish to enter into a contract with another person". There are three issues in the determination of the offer (the offer itself, rather than the true mind of the offeror), To lay a foundation for the later chapters of the study. The second chapter briefly introduces the concept, classification and legal application of maritime contracts. The third chapter is about the establishment of the contract of carriage of goods by sea. It includes six sections, I. e., an overview of the contract for the carriage of goods by sea, a contract for liner transportation, a charter party for voyages, a contract for the carriage of goods by water, a contract for multimodal transport and a contract for the carriage of goods by parcel. In this chapter, the author discusses the nature of the ship schedule (according to the attached conditions), the time of formation of the contract for the carriage of goods by water (when the commitment becomes effective) and the necessary clauses of the contract of package shipping (quantity of shipment, number of voyages, etc.) Three questions put forward their own views. This chapter is the focus of this paper. The fourth chapter is the establishment of the contract of carriage of passengers by sea. This paper mainly discusses the relationship between the issuance of ticket and the establishment of the contract of carriage of passengers by sea (the contract is not established when the ticket is issued). Chapter five discusses the establishment of charter party. Includes an overview, term charter, bareboat charter and towing contract four sections. The author makes a study on the status of registration procedure in bareboat charter contract (not affecting the establishment of the contract). The sixth chapter is the research on the establishment of salvage contract. The author focuses on the research of the contracting parties to the salvage contract, especially on the emergency agent identity of the shipmaster's consignor (as the case may be). In the last chapter, the author discusses the establishment of marine insurance contract. In addition to the above contents, the author also studies the defects of the existing laws and regulations, and puts forward some legislative suggestions (such as the management of freight forwarders) for reference.
【学位授予单位】：上海海运学院
【学位级别】：硕士
【学位授予年份】：2001
【分类号】：D922.294
【引证文献】
相关硕士学位论文 前1条
1 王玉收;合同法对海上旅客运输合同的影响的研究[D];复旦大学;2010年
本文编号：2256142
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