A Study On Deviation

This paper is a study on how to determine whether the deviation is reasonable or not in the circumstances of Chinese law and where the deviation is judged to be unreasonable how the Carrier to rely on the provisions of exemption, package liability limitation and time bar of one year with reference of the relevant approach under the common law. The contents of this paper can be divided generally into three parts. Firstly, this paper analyzes the identity of a deviation, the approach to determine a reasonable deviation and the effect of the liability clause etc., and secondly, this paper mainly expounds the development of the traditional doctrine of deviation and legal effect of a unreasonable deviation, then thirdly, this paper puts forward the suggestions on how to modify the provisions concerning the deviation in Chapter IV of Maritime Code of P.R.C. and on how the Carrier to avoid the serious legal effect of an unreasonable deviation in the shipping practice.In consideration that Carriage on deck and Tran-shipment are similar to the geographical deviation concerning the degree of severity of the breach of the contract, and that the above mentioned have been customarily called "quasi-deviation" in the traditional theory of deviation, this paper also studied the Deck Carriage on deck and Tran-shipment with the name of quasi-deviation, so as to provide with the Court or other parties concerned some useful reference...