租船提单的法律问题研究
发布时间：2018-12-14 00:54
【摘要】： 随着船舶所有权人的所有权权能向船舶所有权人和租船人的二极分离,越来越多的船舶所有权人将船舶出租以降低营运风险,而船舶公司则采用租船方式来进行海上货物运输以避免承担昂贵的造船费用。这种经营方式的普及使在租船合同项下的提单纠纷与日俱增。 租船运输是国际海上货物运输中重要的运输方式之一,而提单则是国际贸易和国际海上货物运输中的重要单证,其条款的效力直接影响着有关当事方的权利和义务。租船合同问题与提单问题交织在一起使租船提单问题更加复杂化。而国内外学者对这一问题的研究并不多见。本文拟依照海商法立法和实践,比较英美国家立法以及国际公约,结合租船提单的特点,对实践中产生的租船提单有关法律问题作尝试性研究,以期对相关的海上货物运输和国际贸易有所裨益。本文主要分五章进行论述。 第一章主要介绍了租船提单的功能。本章首先分析了提单的起源过程,总结出一般提单的三项功能。本章接着结合租船合同的特殊性,分析租船提单在不同的提单持有者手中呈现出不同的功能。本章最后简要分析了租船提单与班轮提单的区别。 第二章主要阐述了租船提单的签发及其流转后对各租船合同当事人的影响。本章结合租船方式及经营方式的不同,总结各情形下提单的签发者,并分析各情形下提单对租船合同当事人的影响,以及提单流转后对第三人持有者的影响,以 期厘清提单法律适用范围。 第三章主要分析了提单并入条款的相关法律问题。本章首先阐述了提单并入条款的基本概念和产生原因,接着应用案例研究和比较研究的方法介绍了英美国家有关租船合同并入提单的立法和司法实践,以期对我国改进立法有所借鉴。 第四章阐述了鹿特丹规则的生效对租船提单直接或间接的影响。 第五章结合前四章的分析,对我国有关租船提单的相关法律规定提出了具体的完善建议。 围绕着租船提单有关法律问题的论述,笔者试图对租船提单作一系统的探讨,为我国提单法律制度的建立和完善作出理论上的构想和实践上的建议。
[Abstract]:With the separation of ownership power between ship owner and charterer, more and more ship owners charter ships to reduce the risk of operation. Shipping companies use chartering to transport goods by sea to avoid costly shipbuilding costs. The popularity of this mode of operation has increased the number of bills of lading disputes under charter party. Charter vessel transport is one of the most important modes of transport in the international carriage of goods by sea, while the bill of lading is an important document in international trade and international carriage of goods by sea. The validity of its terms directly affects the rights and obligations of the parties concerned. The issue of charter party and bill of lading are intertwined to complicate the issue of charter party bill of lading. But the domestic and foreign scholars to this question research is rare. This paper, in accordance with the legislation and practice of maritime law, compares the national legislation and international conventions of the United States and the United States, and combines the characteristics of charter party bills of lading, and makes a tentative study of the legal problems arising from the practice of charter party bills of lading. With a view to the relevant goods by sea and international trade benefits. This paper is mainly divided into five chapters. The first chapter mainly introduces the function of chartering bill of lading. This chapter first analyzes the origin of bill of lading and summarizes the three functions of general bill of lading. This chapter then analyzes the different functions of charter party bill of lading in the hands of different bill of lading holders combined with the particularity of charter party. At the end of this chapter, the difference between charter ship bill of lading and liner bill of lading is briefly analyzed. The second chapter mainly expounds the issue of chartering bill of lading and its influence on the parties. This chapter summarizes the issuer of bill of lading under different circumstances, and analyzes the influence of bill of lading on the parties to the charter party and the third party holder after the circulation of bill of lading. To clarify the applicable scope of bill of lading law. The third chapter mainly analyzes the relevant legal issues of the bill of lading incorporation clause. In this chapter, the basic concepts and reasons of the incorporation clause of bill of lading are introduced, and then the legislation and judicial practice of charter party incorporation in British and American countries are introduced by the method of case study and comparative study. With a view to improving our legislation reference. Chapter four expounds the direct or indirect effect of the Rotterdam rule on charter party bill of lading. The fifth chapter, combined with the analysis of the first four chapters, puts forward specific suggestions on the relevant laws and regulations of charter party bill of lading in our country. In this paper, the author tries to make a systematic discussion on the legal problems of charter party bill of lading, and makes theoretical and practical suggestions for the establishment and perfection of the legal system of bill of lading in China.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D996.19
本文编号：2377585
[Abstract]:With the separation of ownership power between ship owner and charterer, more and more ship owners charter ships to reduce the risk of operation. Shipping companies use chartering to transport goods by sea to avoid costly shipbuilding costs. The popularity of this mode of operation has increased the number of bills of lading disputes under charter party. Charter vessel transport is one of the most important modes of transport in the international carriage of goods by sea, while the bill of lading is an important document in international trade and international carriage of goods by sea. The validity of its terms directly affects the rights and obligations of the parties concerned. The issue of charter party and bill of lading are intertwined to complicate the issue of charter party bill of lading. But the domestic and foreign scholars to this question research is rare. This paper, in accordance with the legislation and practice of maritime law, compares the national legislation and international conventions of the United States and the United States, and combines the characteristics of charter party bills of lading, and makes a tentative study of the legal problems arising from the practice of charter party bills of lading. With a view to the relevant goods by sea and international trade benefits. This paper is mainly divided into five chapters. The first chapter mainly introduces the function of chartering bill of lading. This chapter first analyzes the origin of bill of lading and summarizes the three functions of general bill of lading. This chapter then analyzes the different functions of charter party bill of lading in the hands of different bill of lading holders combined with the particularity of charter party. At the end of this chapter, the difference between charter ship bill of lading and liner bill of lading is briefly analyzed. The second chapter mainly expounds the issue of chartering bill of lading and its influence on the parties. This chapter summarizes the issuer of bill of lading under different circumstances, and analyzes the influence of bill of lading on the parties to the charter party and the third party holder after the circulation of bill of lading. To clarify the applicable scope of bill of lading law. The third chapter mainly analyzes the relevant legal issues of the bill of lading incorporation clause. In this chapter, the basic concepts and reasons of the incorporation clause of bill of lading are introduced, and then the legislation and judicial practice of charter party incorporation in British and American countries are introduced by the method of case study and comparative study. With a view to improving our legislation reference. Chapter four expounds the direct or indirect effect of the Rotterdam rule on charter party bill of lading. The fifth chapter, combined with the analysis of the first four chapters, puts forward specific suggestions on the relevant laws and regulations of charter party bill of lading in our country. In this paper, the author tries to make a systematic discussion on the legal problems of charter party bill of lading, and makes theoretical and practical suggestions for the establishment and perfection of the legal system of bill of lading in China.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D996.19
【参考文献】
相关期刊论文 前1条
1 刘晓红;论提单中仲裁条款的效力[J];政治与法律;2004年03期
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