Carriage Of Goods By Sea Contract Entered Into Legal Issues

The Contract Law in 1999 established a more complete and scientific system to conclude contracts and enable them to take effect. The contract of carriage of goods by sea, as one kind of contracts, should be in accordance with the Contract Law. However, due to the facts that the contract of carriage of goods by sea deals with foreign and transnational matters as well as the unique characteristic that it obtains during the course of formulating, it is quite different from those common contracts on the aspects of conclusion and effectuation. This thesis aims at approaching a law system which is in correspondence with conclusion and effectuation of the contract of carriage of goods by sea on the basis of comprehending the Maritime Law, the Contract Law, conventions and practices.This thesis falls into five chapters.Chapter One is a summary, giving a brief introduction to the definitions and categories of the contract of carriage of goods by sea, which serves as a foil on the detailed discussion of law systems of the conclusion of the contract of carriage of goods by sea in the following chapters.Chapter Two is concerned with the law principle in conclusion of contract of carriage of goods by see. In the light of the Contract Law and the Maritime Law, the author combines many maritime practices to discuss several basic law principles abided by in the contract of carriage of goods by sea, consisting of restricted free contract- principle, honesty principle, pursuing good order principle and failure in conclusion principle.Chapter Three is of great significance in this thesis, discussing the law problem of conclusion of the contract of carriage of goods by sea. This chapter consists of three parts. Part One is an introduction to the conclusion of common contract laws. Part Two discusses the conclusion system of linercontract, including offer of invitation, offer and accept as well as time, place, form, content of liner contract. Part Three expounds the establishing system of voyage charter contract, involving offer of invitation, offer and accept as well as the topic that whether the written form is necessary to the conclusion of the voyage charter contract.Chapter Four is divided into three parts, discussing the effectuation of the contract of carriage of goods by sea, making an analysis of the formulation and effect of agent without authorization on the contract of carriage of goods by sea. Part Two discusses the revocable contract of carriage of goods by sea, including contract of carriage of goods by sea resulting from considerable misunderstanding and cheating. Part Three discusses void or revoked the contract of carriage of goods by sea and the law resulting from them.Chapter Five analyzes the components of the oversea cargo transport contract. Part One analyzes the carriers in contract of the carriage of goods by sea, discussing which individual is the party of it, and how to determine it. Part two discusses the shipper of the contract of the carriage of goods by sea, including shipper under liner contract and charterer of charter party. Shipper is divided into shipper who makes the contract and the shipper who performs the contract in this part as well as their rights and obligations.