Study on Basic Legal Issues of Non-vessel Operating Carrier
|Keywords||NVOCC Legal issues Legal practice|
Came into effect January 1, 2002, the People's Republic of China International Marine Ordinance \aroused public opinion and the industry's attention and lively discussion. January 20, 2003, the Ministry of Communications promulgated the \sex. Nevertheless, the theoretical and practical circles NVOCC's legal status the nature and effect of the bill of lading issued by the NVOCC NVOCC involved in transport under the cargo control rights and liens many of the basic legal issues there are still a lot of controversy. Addition to the Introduction, Conclusion, NVOCC chapters on basic legal issues to be discussed. Chapter from both foreign and domestic, the emergence and development of the NVOCC summarizes NVOCC definition and characteristics of operating procedures and scope of operations. First determine the the NVOCC civil legal status, and that the The NVOCC what belongs to what the legal status is determined by the contents of its civil activities, certainly NVOCC as the legal status of the carrier, NVOCC and related civil legal relations between the principal and the comparative analysis. The third chapter deals with the Ocean bill of lading and the nature of the House bill of lading, that the House bill of lading only claims-effectiveness analysis on the delivery of goods without NVOCC NVOCC. Chapter NVOCC involved in transportation of goods by sea under control and lien concept, nature and exercise are discussed. Chapter V discusses aspects of NVOCC limitation of liability issues, can not enjoy the status of maritime liability limit its objections and views, NVOCC legal status, rights and obligations, as well as liability and traditional Marine limitation of liability of the principal there is a great similarity to be included in the areas of maritime limitation of liability will not harm the balance of interests between the maritime parties. Conclusion NVOCC in the development of our own views, the ultimate aim is to promote good combination of laws, regulations, and our shipping practice, I hope, beneficial to the judicial practice of China's shipping.