A Study On Legal Issues Of Transshipment

Transhipment plays a very important role in the carriage of goods by sea. However, in absence of systematic and thorough research in academic circles, and explicit stipulations in relevant laws and regulations, the study on transshipment lag behind of the development in practice.In order to resolve the above problem, this paper takes such a research method that combines the legal theory of civil law and the cases of common law. Based on the basic conception of transshipment, starting from the basic theory of civil and commercial law as well as the legislation and cases of carriage of goods by sea in respective countries, considering the nature of transshipment under different causes, the paper analyses the legality of transshipment, and discusses the rights and responsibilities of the carrier in legal transshipment. Finally, this paper summarizes the weakness in the current legislation of our country, and poses some proposals to consummate the concerned stipulations of CMC.