Analysis Of The Legal Status Of The Carriage Of Goods By Sea Port Operators

As independent operator, port operators act different roles considering different legal conditions. So, we can't conclude a single construction of the legal status of port operators.Based on the latest theory in this field, the article analyzed the legal status and liability of port operators in a comparative new guideline.The gross guideline and frame of the article are as below:Chapter one first analyses the concept of the port operator and he's main businesses, pointing out the port operator has a different subject role when he conducts a different business.In Chapter two, the first section introduces the principle of liability. The second section analyzes famous Himalaya cl. and its relevant problems. The third section introduces the three subject theories and the relevant analyses respectively.Chapter three discussed the liability limitation of the legal status of port operator. After an account of the different opinions of the legal status of the port operator, author tried to expound the issue in a comparative new way, that is, put the port operator as different subjects in different legal relations, then to differentiate the legal status in each legal relation. The results indicated that the port operator got a unique legal status in each legal relation or a sort of business. It' not likely the general thoughts in academe, which intended to fix the legal status of port operator in a particular term.The article came to its last chapter. Chapter four gives a conclusion of the legal status and the liability limitation, which points out the author's opinion and lastly analyses whether the port operator could limit her liability by contract. In the part of conclusion and suggestion on legislation in the end of the article, author summarized the article and gave his own suggestion on legislation port operator legal status and liability limitation.