A Study On Law Application Of Actual Carrier Under Voyage Charter Transportation

The creation of the actual carrier effectively solved the maritimecarrier recognizing problems, is the important development of HamburgRules to Hague Rules. After the introduction to Chinese Maritime Code(CMC), the actual carrier provisions were provided in Chapter4accordingto carrier’s liability system. Justice has different views about whetherthe liability of actual carrier under voyage charter transportationshould be governed by the provisions of Chapter4or not. Around whetherthere is actual carrier under the voyage charter transportation, and howto apply provisions on actual carrier liability in Chapter4of CMC, themaritime court have not yet reached a unified degree in specific casesso far. Legislative and judicial incoordination would cause the imbalanceof interest adjustment between marine parties, it is not conducive to thedevelopment of shipping industry in China. The article uses comparativeanalysis and legal interpretation method to discuss and justify this issue.The main content includes four chapters as follows:The first chapter is to legislatively define the actual carrier undervoyage charter transportation, and brought such case conflicts betweenjudicial practice and legislation, thus analyzed the drawbacks where thecourt were not apply this issue to Chapter4of CMC. The second chapter analyzed the legal status of the actual carrierunder voyage charter transportation. Through legal relationship and legalrequirement analysis to demonstrate the actual carrier under voyagecharter transportation, and list the practice existing in voyage charter.With the comparison of actual carrier in time charter transportation andliner shipping, as well as to comparative investigation of the foreignlegislation and judicial practice about actual carrier, putting forwardthe deficiency of the existing provisions.The third chapter analyzed legal liability of the actual carrier undervoyage charter transportation from the jurisprudential basis. Rights andobligations for actual carrier under voyage charter transportation basedon the bill of lading issued. The identification problems of liabilityof actual carrier under voyage charter transportation were justified onthe basis of violation of obligations, as well as the specific bearingways and scope of liability.The fourth chapter demonstrates such cases in the judicial practiceshould be applied to the relevant provision in the Chapter4of CMC, andsuggestion improvement on legislation. From the legislative intention ofactual carrier system under Hamburg Rules to explore the originalarrangement of this system in CMC after the introduction of the actualcarrier. Hope through research provides a useful reference for thejudicial practice and legislation.