Study On The Legal Issues Of The Delivery Of Imported Goods By Port Operators

The types of goods carried by modern international freight transportation are becoming more and more abundant,and the quantity of goods is becoming more and more large-scale,and the cargo operations at ports and terminals are also developing accordingly.The types of operations have gradually developed from the initial single operations such as cargo loading and unloading,stockpiling,transportation,warehousing and storage to the whole link operations involving cargo loading and unloading,stockpiling,transportation and storage.Port operation plays an increasingly important role in the logistics chain.However,due to the lack of civil legal regulations on port operations at present,in practice,problems and disputes will inevitably arise in port operations with huge volume.Especially in the international maritime cargo transportation,the cargo operation cycle is relatively long,and the goods are frequently circulated in transit.In addition,there are many documents produced in the transportation process.Therefore,after the imported goods arrive at the port,when the goods are kept and stored by the port operator,the situation faced by the port operator is also complicated.In this thesis,we start from the delivery of imported goods and study the selection of the port operator’s cargo delivery object when the imported cargo operation in port involves warehousing and storage.Besides the introduction and conclusion,this thesis consists of four parts.The first part mainly introduces the special legal status of the port operator,the link and mode of port delivery,the particularity of port operation contract and the current legal norms of port operation.In the second part,through the analysis of the cases of port cargo operation contract disputes judged by local courts,it reveals the difficult choice problem encountered by port operators in the stage of cargo delivery,that is,when the owner who claims to have the ownership of the goods,the holder of the bill of lading,the holder of the warehouse receipt and the client of the port operation contract request the port to deliver the goods,how should the port operator determine the delivery object of the goods.The third part first analyzes the basis and nature of the request of the principal of the port operation contract,the holder of the bill of lading,the actual cargo right holder and the holder of the warehouse receipt: the request of the principal of the operation contract is based on a clear basis and is directed to the port operator;while the request of other subjects does not have priority over the request of the principal of the port operation contract after analysis,therefore,when multiple subjects request the port operator to pick up the goods,the port operator shall deliver the goods to the principal of the port operation contract according to the port operation contract.Secondly,it analyzed the principle of contract relativity and confirmed the necessity and importance of the port operator’s strict adherence to contract relativity,which led to the conclusion that the port operator should deliver the goods by virtue of the port operation contract.The fourth part is the author’s legislative suggestions on regulating port operations through the analysis of the first three chapters.First of all,the legal status of the port operator should be clarified,which is the basis and premise for solving the port-related problems;Secondly,it defines the delivery principle of the goods delivered by the port operator according to the port operation contract,and provides guidance for the port operator to deliver the imported warehousing goods.