Marine cargo carrier liability regime Situation and Development
|Keywords||Carrier liability Responsibility Principle Seaworthiness obligation Disclaimer Delay in delivery|
Carrier's liability system adjustment between cargo directly how to share the risk of carriage of goods by sea. In maritime judicial practice, the vast majority of the cases involved are the carrier should bear the responsibility and the responsibility scope of the dispute. It can be said that the carrier liability system is the foundation of the whole legal system of carriage of goods by sea and the core. Current national adjustment of carriage of goods by sea legal regulations, there are big differences, objectively caused chaos and conflict of legislation in the carrier's liability system, the law lost its stability and predictability. It is against this background, this paper first analyze the legislative status quo of carrier's liability system, for each hotspot and focus issue involved, use all kinds of legal interpretation method, analyzes the meaning of the relevant legal provisions, in academic circles different views in different periods of carding, criticism. On this basis, the author on the issue related to the law's legislative intent puts forward his own point of view, the law of the real operation condition are described and elucidated. Then the author combined with the requirements for the international shipping industry and Marine technology development, international trade operation way of updating and transformation, to the carrier's liability system modifications proposed own view, and the unification of carriage of goods by sea the carrier liability system is analyzed and the prospect of the development of.