Legal Studies On Volume Contract

In recent years, with the development of the business of carriage of goods by sea, marine and shipbuilding technology advances, In the traditional liner shipping contract and contract of carriage of charter appeared a kind of new types of contract of carriage called volume contract. This new type of contract of carriage in shipping practice has abundant and has received good effect, there are no special rules regulating this contract in the international conventions and the national laws passed by most countries. In order to avoid and solve the related contract disputes, balance the interests of the parties to the carriage of goods by sea, united international cargo shipping law and order, the new convention -Rotterdam Rules, firstly incorporates this contract and make special rules for it. As a trade and shipping country, add volume contract regulation and make necessary amendments of Maritime Law of China has become the top priority.This paper adopted comparison research method, investigates the current three relevant provisions of the three carriage of goods by sea conventions of volume contract, and on this basis, it emphases special rules of the volume contract on the "Rotterdam rules". The special rules is mainly about the application of volume contract, the effective elements of deviated articles, obligations which can not be mitigated, the effectiveness of the third party, The burden of proof and jurisdiction agreement. These special rules set the general framework for our country "maritime law" amendments when add the volume contract provisions, thus analysis and improvement of the special rules also has become a top priority of this article. Innovation point of this article is mainly on the following three questions:Firstly, volume contract scope can be extended to non liner shipping contract when clause of volume contract was enacted in China’s Maritime Law; Secondly, non unreasonable deviation clause must be added in designing an non escape clause; Thirdly, amending notifying the third party to agree clearly accepting the jurisdiction of the court in the protection of the third party. Due to the limitation of resources and theoretical level, this research is relatively shallow, I hope your comments.