Study On The Liability Of International Sea Carrier’s Transport Of Goods Due To Fault

If the international transport law of goods by sea is the core of maritime law, the carrier’s liability system can be referred to as the maritime code of the core. This paper ofinvestigating the liability of the carrier due to his fault,refers to the carrier who knows goods or goods package has certain defects, but because of some reasons, such as the defects of the goods itself, or the carrier in violation of the provisions of laws, contract, or failing to perform or not completely performing its obligations, resulting the goods damage, loss and other damage caused, and the carrier shall be liable for such damages.It is a special kind of civil liability, and apply to the adjustment of civil law and maritime law at the same time.Maritime transport has its particularity. On the one hand, perils of the sea is unpredictable, the carrier may encounter all kinds of bad weather in the sea and some other hazards, on the other hand, Maritime transport are capital-intensive industries, of which development can’t depart from the support of huge amounts of money.In view of the particularity of maritime transport, carrier of sea need to be protected in a certain extent to promote the healthy development of shipping industry, so there are many exceptions in view of the liability of the carrier.At the same time, the carrier will also add some exceptions in the bill of lading, to avoid the possibility of risk in the future.But the carrier’s liability exceptions must be based on their own relevant obligations such as seriously fulfilling their legal obligations under the premise of its quoted disclaimer as it is invalid and probably make them bear corresponding responsibility.An ideal and reasonable carrier’s liability system should be reasonably allocated the risk of maritime transport between the parties in the cargos to prevent and reduce the damage accidents, ensuring the safety of maritime transport. What’s more, it’s important to make surethe smooth delivery of the goods to the port of destination, in order to achieve maximum pursuit of shipping balance of the value of justice and efficiency of both parties.With the development of economy, trade, science and technology of national shipping, the change of cargo strength in contrast, international maritime cargo carrier responsibility legal system also has a rapid expansion.This article attempts to analysis the carrier’s liability who have known that the goods or the goods packing is defective from the theory.