A Study On Carrier’ Obligation And Duty Of Goods Delivery

As one of the participants in the activities of maritime transport of goods, the carrier bear many responsibilities and obligations. Obligation to deliver is one of the above obligations. Because there are many parties during goods delivery, so parties’ interests collide with each other easily. And there exist complicated legal relationships during goods delivery. The practice of the carrier in the performance of delivery obligations often face great risk. Even committed a small mistake, they will also bear the huge compensation. Thence, this paper, on the basis of the domestic legislation and shipping practices and using the foreign legislations for reference, takes the carrier’s delivery obligation and responsibility as study object, for the purpose to accelerate the goods delivery well, to improve the related practices in China’s shipping practice and to drive our shipping industry into its prosperity.This paper includes five chapters:Chapter one is about the basic theories on delivery. The first section, on the basis of delivery definition in civil law, defines the meanings about delivery under contract of carriage of goods by sea. The second section, through the comparative analysis of the relevant international conventions to explain the legal basis for the delivery of the goods obligations under Maritime.Chapter two is about the performance of the delivery obligations. The first section analyzes the definition of the carrier and identification method. Whether or not to bear the obligation to deliver for actual carrier. The second section analyzes the definition of the consignee and discusses how to identify the consignee under different case. And the writer considers that the port authority isn’t the party in goods delivery and doesn’t bear such obligation. The third section expatiates on carrier’s obligation of notice, delivery of the goods in accordance with the contract, delivery by the original bill of lading, delivery in accordance with documented.Chapter three is about the responsibility of the carrier. The first section analyzes the range and limitation of the carrier’s liability when delay in delivery. Include the delay in delivery of the material damage and economic losses. The second section is about legal liability of Delivery Goods without Original Bill of Lading and the contradiction problem. In this section, the main problem is the range and limitation of other direct economic losses when Delivery Goods without Original Bill of Lading. Chapter four is about the failure of delivery and the legal relief to carrier. The first section is about the definition of the failure of delivery. The second section concretely explains the construction of the legal relief mechanism to carrier and the dilemma of law relief. The third section is about the provisions of the "Rotterdam Rules" on the failure of delivery. The fourth section is about the recommendations on improving the rights of the carrier relief.Chapter five is about the conclusion of this paper.