The Shipper Of Goods By Sea Transport Contract Unilaterally Change The Contract Rights Regime

In view of the law and practice, this thesis discusses the effect to shipper's rights of varying carriage contract according to the New Contract Law. On the basis of the legislation of carriage of goods by sea, the author analyzes the establishment and improvement of the right of control of goods by sea.In the preface and the first chapter, this paper puts the emphasis upon the theory relation of contract modification in carriage of goods by sea, and concentrates on the special characters. As an agreement of partners, a contract may encounter many unexpected problems, especially for a contract of carriage of goods by sea in which more factors are involved. To solve the problem, it is necessary to the special induction and analysis.In the chapter 2,the dissertation makes a comparison on the right of control of goods by sea and the right of stoppage in transit, and on the dictation from shipper to carrier and the right of the order.In the third chapter, this dissertation carries on a domestic and international comparison research method of the right of control of goods by sea. Since Chinese law is on the basis of continental law, and however, the International Pact and English law is prevailing in the field of maritime law, A study of comparison is given to the rules of the Chinese law and law of the other country. With the comparison, a way suitable to the practice of China may be achieved. In the third section, the dissertation expatiates on the situation and limitation of legislation of China. From the aspect of complying with the international and domestic legislative environment, the author expounds the legislative defect and conflict on the right of control of goods by sea.In the chapter 4,the study is given to the concretely content of the right of control of goods by sea In the chapter 5,the author reveals the necessity to improve the system of legislation of the right of control of goods by sea. From the practical situation of being one of the biggest shipping countries, the author refers to the advanced experience of the other countries and put forward a detailed suggestion on establishing and improving the right of control of goods by sea. If it's helpful to the revision of the Law of Admiralty, the author will feel gratified.