Research On The Non-Taking Delivery Of Goods At The Port Of Destination

Non-taking delivery of goods that have arrived at the port of destination.This situation is not uncommon in maritime cargo transportation.Regarding this type of lawsuit,while causing serious damage to the parties,it also causes huge social wealth waste.The carrier will suffer a considerable loss.For example,when the freight is lost,the container overdue usage fee cannot be recovered,and it has to advance the terminal storage fee and pay for the refrigerated container refrigeration fee.In view of the prevalence of non-taking delivery in container transportation,this thesis attempts to study this special phenomenon,with a view to conducting a legal analysis of the phenomenon of non-taking delivery through the research of this thesis,and on this basis,relevant improvement suggestions are put forward,providing as many remedies as possible to the carrier,and providing useful help for the handling of the problem of non-taking delivery in reality and the balance of interests of the carrier and the shipper.This article discusses the problem of non-taking delivery at the port of destination,especially the relief for the carrier,mainly including the following four parts:The first part is an introduction,the main content of which is the research background,significance,problems to be solved,and research methods of this thesis.With the outbreak of COVID-19 worldwide,it is of positive significance to study the problem of non-taking delivery at the port of destination under container liner shipping.This paper intends to solve the problem of legal remedies for the parties under the problem of no delivery,through the comparative analysis method and the empirical analysis method,comparing the measures to solve the problem of no delivery in China’s Maritime Law,the Civil Code and the Rotterdam Rules,analyzing their respective characteristics and shortcomings,and proposing suggestions for amending relevant laws.The second part is an overview of non-taking delivery at the destination port,the main content is the definition,form,cause and characteristic analysis of the problem of non-taking delivery at the destination port,and lists the huge losses that non-taking delivery may bring to the carrier.The non-taking delivery of goods studied in this thesis does not include the case of delayed delivery.The emergence of the phenomenon of non-taking delivery the goods is often the choice made by the consignee after considering the value and profit of the goods,the cost of retrieving the goods,and the future recovery of compensation from others.The third part,a study of the carrier’s relief when the goods are not picked up at the port of destination,is the focus of this article.Starting from the legal approach of relieving the carrier,the legal conditions of China are mainly discussed in two aspects:the relief of the carrier under the Maritime Law and the relief of the carrier in the Rotterdam Rules.Articles 86,87 and 88 of the Maritime Code provide for the carrier’s right of discharge,lien and right to apply for auction,respectively,as well as the shipper’s liability.In article 48 of the Rotterdam Rules,the types of failure to deliver the goods after arrival at the place of destination and the remedies available to the carrier in the event of no delivery of the goods are clarified.At the same time,the rationality and operability of its remedies are analyzed and commented,which leads to chapters that draw on the Rotterdam Rules to improve the relevant provisions of the Maritime Law to solve the problem of non-taking delivery.The fourth part is the solution to the problem of non-taking delivery of goods at the destination port,which is discussed from the three aspects of improving the relevant provisions of the Maritime Law,revising the relevant system of deposition and storage,prudent agreement and strict performance,so as to achieve a balance between the interests of the carrier and the shipper.