论海上货物运输中交付阻却法律问题
发布时间：2018-12-27 07:00
【摘要】： 在海上货物运输过程中,货物在目的港的交付是整个航程的最后一个环节,也是承运人货物运输任务终结的标志。但是,由于买卖双方在国际贸易上的问题等原因,当货抵目的港时无人提货或者拒绝提货,导致承运人交付义务的履行受到阻却,并因此给承运人带来到付运费、集装箱超期使用费、码头的堆存费等无法控制的经济损失。在这种状况下,实际上往往是货方将其在国际货物买卖中的风险转嫁给承运人,使承运人的合法权益受到损害,对于承运人来说显失公平,在一定意义上也造成了社会财富的浪费。通过本论题的研究,希望能为立法机关完善我国《海商法》关于目的港货物交付阻却问题的解决提供一种思路,以切实维护承运人的合法权益。 本文以维护承运人在货物交付阻却情况下的合法权益为主旨,全文除了引言和结束语外,共分为四章: 第一章从引入目的港货物交付阻却的概念入手,介绍及分析目的港货物交付阻却的现状、成因,以及承运人交付义务的特殊性和目的港货物交付阻却的法律后果,阐明承运人是目的港货物交付阻却的受害者,应作为权利主体向货方要求损害赔偿。 第二章通过对于目的港货物交付阻却责任属性和责任主体的认定,论述缔约托运人应作为目的港货物交付阻却的责任主体,承担承运人因交付义务受阻遭受的经济损失的赔偿责任。 第三章从提存、海上货物的留置、司法救济、行政措施对解决目的港货物交付阻却的影响四个方面,阐述如何对承运人的合法权益予以救济。 第四章针对司法实践中存在的局限,提出完善解决目的港货物交付阻却问题的立法建议。
[Abstract]:The delivery of goods in the port of destination is the last link of the whole voyage during the carriage of goods by sea, and it is also the symbol of the end of the carrier's cargo transport task. However, due to the problems in international trade between the buyer and the seller, when the goods arrived at the port of destination, no one picked up the goods or refused to take the goods, which prevented the carrier from performing the obligation to deliver, and thus brought the carrier to pay the freight. Beyond the control of container usage fees, terminal storage fees and other economic losses. In such a situation, it is often the cargo party that passes on its risks in the international sale of goods to the carrier, thereby harming the carrier's legitimate rights and interests, which is manifestly unfair to the carrier. In a certain sense also caused the waste of social wealth. Through the research of this thesis, the author hopes to provide a way of thinking for the legislature to solve the problem of goods delivery resistance in the port of destination, so as to protect the legitimate rights and interests of the carrier. In order to protect the carrier's legitimate rights and interests in the case of goods delivery resistance, this paper is divided into four chapters except the introduction and conclusion: the first chapter begins with the introduction of the concept of cargo delivery resistance in the port of destination. This paper introduces and analyzes the present situation and causes of the goods delivery resistance in the port of destination, as well as the particularity of the carrier's obligation to deliver and the legal consequences of the goods delivery resistance in the port of destination, and clarifies that the carrier is the victim of the goods delivery resistance at the destination port. Claims for damages shall be made to the shipper as the subject of the right. The second chapter discusses that the contracting shipper should be the subject of liability for the delivery of the goods at the port of destination through the identification of the attribute of the liability and the subject of the responsibility for the delivery of the goods at the port of destination. The carrier shall be liable for any economic loss suffered by the carrier due to the obstruction of the obligation of delivery. The third chapter expounds how to remedy the carrier's legitimate rights and interests from four aspects: deposit of goods on the sea, judicial relief, and the influence of administrative measures on solving the obstruction of delivery of goods in the port of destination. In the fourth chapter, in view of the limitation of judicial practice, the author puts forward some legislative suggestions to solve the problem of goods delivery obstruction in port of destination.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.294
本文编号：2392681
[Abstract]:The delivery of goods in the port of destination is the last link of the whole voyage during the carriage of goods by sea, and it is also the symbol of the end of the carrier's cargo transport task. However, due to the problems in international trade between the buyer and the seller, when the goods arrived at the port of destination, no one picked up the goods or refused to take the goods, which prevented the carrier from performing the obligation to deliver, and thus brought the carrier to pay the freight. Beyond the control of container usage fees, terminal storage fees and other economic losses. In such a situation, it is often the cargo party that passes on its risks in the international sale of goods to the carrier, thereby harming the carrier's legitimate rights and interests, which is manifestly unfair to the carrier. In a certain sense also caused the waste of social wealth. Through the research of this thesis, the author hopes to provide a way of thinking for the legislature to solve the problem of goods delivery resistance in the port of destination, so as to protect the legitimate rights and interests of the carrier. In order to protect the carrier's legitimate rights and interests in the case of goods delivery resistance, this paper is divided into four chapters except the introduction and conclusion: the first chapter begins with the introduction of the concept of cargo delivery resistance in the port of destination. This paper introduces and analyzes the present situation and causes of the goods delivery resistance in the port of destination, as well as the particularity of the carrier's obligation to deliver and the legal consequences of the goods delivery resistance in the port of destination, and clarifies that the carrier is the victim of the goods delivery resistance at the destination port. Claims for damages shall be made to the shipper as the subject of the right. The second chapter discusses that the contracting shipper should be the subject of liability for the delivery of the goods at the port of destination through the identification of the attribute of the liability and the subject of the responsibility for the delivery of the goods at the port of destination. The carrier shall be liable for any economic loss suffered by the carrier due to the obstruction of the obligation of delivery. The third chapter expounds how to remedy the carrier's legitimate rights and interests from four aspects: deposit of goods on the sea, judicial relief, and the influence of administrative measures on solving the obstruction of delivery of goods in the port of destination. In the fourth chapter, in view of the limitation of judicial practice, the author puts forward some legislative suggestions to solve the problem of goods delivery obstruction in port of destination.
【学位授予单位】：厦门大学
【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 刘晓华;论国际海上运输货物的受领[D];大连海事大学;2008年
，本文编号：2392681
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