| The "one belt,one road" initiative has promoted the rapid development of domestic and foreign economy.The rapid development of the economy demands more and more transportation modes.The traditional single transportation mode gradually can not satisfy the requirements of the parties for the transportation of goods.Therefore,the application of multimodal transport is more and more in practice.China’s civil code and maritime law have made relevant provisions on remedies for breach of contract of multimodal transport of goods.However,due to the wide range of words and sentences that may be stipulated in relevant laws,there is a large space for operation in practice,which leads to more or less problems in the application of relevant laws in the judicial process.The main content of this paper is to study the remedy system for breach of contract of multimodal transport of goods in China,mainly through the following aspects.First of all,it introduces the research background,the purpose and significance of the research on the remedy for breach of contract of multimodal transport of goods.Secondly,it explains the related basic theory of multimodal transport contract breach relief,mainly explains the concepts of "multimodal transport","breach of contract of goods transport" and "breach relief of contract of goods transport",and introduces the types of relief of contract of goods transport.Thirdly,it analyzes the relevant legislation of our country and the analysis and summary of the cases in practice.The civil code and maritime law of our country have made relevant provisions on the relief of breach of multimodal transport contract.It analyzes the trial cases in practice,summarizes the main focus of dispute in the trial,and analyzes the judgment results of the case.Then,through the analysis of the related problems in the relief of multimodal transport contract breach of contract,including the fuzzy definition and uncertain calculation method of damages for breach of contract,the unclear application order and conditions of compulsory performance,and the uncertain subject,conditions and methods of rescinding the contract.At the end of the article,in view of the problems summarized in the above part according to the theoretical and practical case analysis,combined with the relevant provisions of the civil code and the maritime code,this paper puts forward targeted suggestions for each existing problem.The main research methods used in this paper are literature analysis,case analysis and comparative analysis,etc.At the same time,this paper uses a large number of the latest information in the practice of multimodal cargo transport contract,reference to the relevant provisions of our country’s legislation,learning the research results of many domestic experts and scholars,and finally provides the corresponding improvement measures for the problems existing in the multimodal cargo transport contract breach relief system,hoping to be able to rescue the breach of multimodal cargo transport contract in China It plays a positive role in solving the problems existing in the economic system. |
