Dissertation > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime

Study on the Seaworthy Obligation of the Marine Transportation

Author ZhangSiChen
Tutor YuanXue
School Harbin Engineering University
Course Economic Law
Keywords The carriage of goods by sea Obligation of seaworthiness of the ship The carrier's obligations The distribution of the burden of proof
CLC D996.19
Type Master's thesis
Year 2011
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The obligation of seaworthiness of the ship is the primary obligation of the carrier in the carriage of goods by sea, has a very important role in maritime law theory and judicial practice in maritime disputes. China Maritime Law \Developed by the International Maritime Organization (IMO) for the carriage of goods by sea, the International Covenant on several representative Hague Rules, the Hague - Visby Rules and the Hamburg Rules, \also vary each convention and the Convention to develop the international maritime environment and development needs to adapt, with its own unique method philosophical basis and historical background, the scope of the obligations and responsibilities of the carrier, provisions of the seaworthiness obligation of the carrier's status as well as the carrier assumes the the seaworthiness obligation of OD time have their own characteristics. With the development of the cause of international maritime transport, international maritime community of seaworthiness obligation lot of theories of innovation and legislative practice of \legislative trends, and international legislation on how to modify the China Maritime Law \Therefore, on the basis of comprehensive analysis of seaworthiness obligation to sort out, theory and legislation of the relevant international obligations of the ship seaworthy \This paper first discusses the background, purpose and significance of this research, and to sort out the research status of the obligation of seaworthiness of the ship and provide a theoretical basis for the obligation to explore the ship seaworthy. Then the seaworthiness of the ship obligations of the basic theory and the history of the development of the obligations of the seaworthiness of the ship, and focuses on the content of the obligation of seaworthiness of the ship and the standard time to define the problem of the analysis of the seaworthiness of the ship and the ship seaworthy obligations Disclaimer as well as the distribution of the burden of proof was discussed in detail, and to discuss the status of the ship seaworthy obligation to analyze the impact of the obligation of seaworthiness of the ship and the \Described and analyzed on the basis of theoretical analysis of the major international maritime cargo transport conventions, pointed out that the trend of international legislation, while the representative countries such as the United Kingdom, the United States and other countries. The ship seaworthy obligation theory as well as legislative , pointed out that China's relevant The obligations theory of the seaworthiness of the ship and the status of legislation and inadequacies and both were comparative analysis. Finally, in the analysis, synthesis, reference to foreign legislation and then the basis of international conventions, the modification of the China Maritime Law \

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