A Study On Claims For Delay In Delivery Of Cargo

The system of delay in delivery is accompanied by the development of maritime transportation and advancement of navigation technology. It also represent the whole international trend, the foot and the choice chose by the lawmaker. Hague Rules and Visby Rules intentionally refused to stipulate the definition of delay in delivery, and also hard to confirm the definition of it and the problem relating to the economic loss. It is Hamburg Rules that first define the concept of delay in delivery, and separate the definition of delay in delivery from the "loss and damage" which regulated in Hamburg Rules. It is an advanced step. The system of delay in delivery is accompanied by the development of maritime transportation and advancement of navigation technology which avail to protect the rights and interests of both parts of the claim and pave the way for the development of the shipping industry.The appearance of the system of delay in delivery is a big progress in maritime law. The globalization is gradually deepened and the speed of transportation of goods is also accelerated. Therefore, the consignee pay more attention on the time of delivery. Our country's lawmakers wisely quote the regulation of delay in delivery in Hamburg Rules, and establish the system of delay in delivery with our own characteristics since 1993. This system has experienced about ten years test by the practice. During the time, we come up against many difficult problems and illogicalities, some of these problems are the result of the old times, and some of the problems are the result of careless of the lawmakers. Many scholars have already put forward many rational suggestions on the basis of the system itself. In respect that the ultimate aim of the regulations is to guide the practice, considering this point of view, my thesis use the claim for delay in delivery as clue, try to discuss the problems that might appear in the practice, and express my own opinion on...