提单承运人若干法律问题研究
发布时间：2019-03-04 12:31
【摘要】：提单承运人是一较新的概念,法律地位有别于其他传统的承运人。迄今为止,我国《海商法》中没有相关的规定,理论界对该问题也没有深入地研究和准确全面地把握,实践中产生的很多问题没法解决。随着这种现象越来越普遍,健全提单承运人法律体制的要求也就越来越迫切。本文的写作目的就是系统研究提单承运人的法律制度。 本文共分四章。第一章是提单承运人概念及分类。第二章讨论了此类提单的效力,为提单承运人的权利义务研究做好理论铺垫。第三章是本文的主体部分,主要研究提单承运人的权利义务。在这部分中,作者借助了民法中的公平原则和连带责任理论以求在提单承运人的权利义务关系方面寻求突破。第四章基于上述研究提出了与提单承运人相关的立法建议。 作者希望本文的研究能为我国提单承运人立法的完善尽微薄之力。
[Abstract]:Bill of Lading Carrier is a new concept and its legal status is different from other traditional carriers. So far, there are no relevant provisions in the Maritime Law of our country, the theoretical circle has not thoroughly studied and grasped the problem accurately and comprehensively, and many problems produced in practice can not be solved. With this phenomenon becoming more and more common, it is more and more urgent to perfect the legal system of bill of lading carrier. The purpose of this paper is to systematically study the legal system of bill of lading carrier. This paper is divided into four chapters. The first chapter is the concept and classification of bill of lading carrier. The second chapter discusses the validity of this kind of bill of lading, which lays a theoretical foundation for the study of the rights and obligations of the bill of lading carrier. The third chapter is the main part of this paper, mainly study the rights and obligations of bill of lading carrier. In this part, the author makes use of the principle of fairness and the theory of joint and several liability in civil law in order to find a breakthrough in the relation between rights and obligations of bill of lading carrier. The fourth chapter puts forward some legislative suggestions related to the bill of lading carrier based on the above research. The author hopes that the research in this paper can contribute to the perfection of the legislation of bill of lading carrier in our country.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D996.19;D922.294
本文编号：2434272
[Abstract]:Bill of Lading Carrier is a new concept and its legal status is different from other traditional carriers. So far, there are no relevant provisions in the Maritime Law of our country, the theoretical circle has not thoroughly studied and grasped the problem accurately and comprehensively, and many problems produced in practice can not be solved. With this phenomenon becoming more and more common, it is more and more urgent to perfect the legal system of bill of lading carrier. The purpose of this paper is to systematically study the legal system of bill of lading carrier. This paper is divided into four chapters. The first chapter is the concept and classification of bill of lading carrier. The second chapter discusses the validity of this kind of bill of lading, which lays a theoretical foundation for the study of the rights and obligations of the bill of lading carrier. The third chapter is the main part of this paper, mainly study the rights and obligations of bill of lading carrier. In this part, the author makes use of the principle of fairness and the theory of joint and several liability in civil law in order to find a breakthrough in the relation between rights and obligations of bill of lading carrier. The fourth chapter puts forward some legislative suggestions related to the bill of lading carrier based on the above research. The author hopes that the research in this paper can contribute to the perfection of the legislation of bill of lading carrier in our country.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D996.19;D922.294
【引证文献】
相关硕士学位论文 前1条
1 王丽娜;提单签发中的法律问题研究[D];大连海事大学;2007年
，本文编号：2434272
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