《鹿特丹规则》无单放货制度研究
发布时间：2018-10-31 19:46
【摘要】：在提单制度里,放货一直需要以单据为凭证,但随着社会、经济的不断发展变化,无单放货情形日益增多。与其他规则相比,《鹿特丹规则》有其自身特点,其不是完全拒绝无单放货,而是在一定条件下,允许不可转让运输单证和可转让运输单证进行无单放货。这样的规定改变了原来固有的提单制度,对于实践有着深刻的影响。对比《鹿特丹规则》相关规定,我国《海商法》不承认电子提单的法律地位,对于记名提单的规定不全面,承运人无单放货合法性的条件过于狭窄,当事人意思自治原则的范围较小,承运人赔偿范围与责任限制较窄。为使我国更好地融入国际航运贸易的大环境中,亟需借鉴《鹿特丹规则》的新思路与相关对策,建议:引入并厘清《鹿特丹规则》中的新概念,完善我国关于电子提单的规定,有限制地引入当事人意思自治原则,明确承运人的免责事由,明确无单放货的赔偿范围和责任限制。
[Abstract]:In the system of bill of lading, the delivery of goods is always supported by documents, but with the development of society and economy, the situation of delivery without bill of lading is increasing day by day. Compared with other rules, the Rotterdam Rule has its own characteristics. It does not completely reject the delivery of goods without documents, but allows non-negotiable transport documents and negotiable transport documents to release goods without documentary under certain conditions. Such a provision changes the original inherent bill of lading system, has a profound impact on practice. In contrast to the relevant provisions of the Rotterdam rules, China's Maritime Law does not recognize the legal status of electronic bills of lading, and the provisions of registered bills of lading are not comprehensive, and the conditions of the carrier's legality of delivery without documents are too narrow. The scope of the principle of party autonomy is relatively small, and the scope of compensation and limitation of liability of the carrier is relatively narrow. In order to integrate our country into the environment of international shipping trade, it is urgent to draw lessons from the new ideas and relevant countermeasures of the Rotterdam rules. It is suggested that the new concepts in the Rotterdam rules be introduced and clarified, and the regulations on electronic bills of lading should be perfected in our country. The principle of party autonomy is introduced to clarify the carrier's reasons of exemption and the scope of compensation and limitation of liability.
【学位授予单位】：烟台大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D996.19
，
本文编号：2303346
[Abstract]:In the system of bill of lading, the delivery of goods is always supported by documents, but with the development of society and economy, the situation of delivery without bill of lading is increasing day by day. Compared with other rules, the Rotterdam Rule has its own characteristics. It does not completely reject the delivery of goods without documents, but allows non-negotiable transport documents and negotiable transport documents to release goods without documentary under certain conditions. Such a provision changes the original inherent bill of lading system, has a profound impact on practice. In contrast to the relevant provisions of the Rotterdam rules, China's Maritime Law does not recognize the legal status of electronic bills of lading, and the provisions of registered bills of lading are not comprehensive, and the conditions of the carrier's legality of delivery without documents are too narrow. The scope of the principle of party autonomy is relatively small, and the scope of compensation and limitation of liability of the carrier is relatively narrow. In order to integrate our country into the environment of international shipping trade, it is urgent to draw lessons from the new ideas and relevant countermeasures of the Rotterdam rules. It is suggested that the new concepts in the Rotterdam rules be introduced and clarified, and the regulations on electronic bills of lading should be perfected in our country. The principle of party autonomy is introduced to clarify the carrier's reasons of exemption and the scope of compensation and limitation of liability.
【学位授予单位】：烟台大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D996.19
，
本文编号：2303346
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