目的港无人提货民事责任研究

发布时间：2018-06-20 03:19

本文选题：无人提货 + 民事责任　；参考：《大连海事大学》2008年硕士论文

【摘要】： 无人提领已经运抵目的港的货物,目前在国际海运尤其是集装箱班轮运输中屡见不鲜,因此给当事人尤其是承运人带来严重的损害,也造成社会财富的巨大浪费。由于目的港无人提货,承运人的集装箱长期被占用,还需支付垃圾处理费、堆存费、插电费等额外费用,在此期间,承运人为使集装箱早日腾空,奔走于托运人与收货人之间,究竟谁应承担责任使承运人难以决断。围绕目的港无人提货相关的法律问题研究较少,在集装箱班轮运输已经成为国际海运最重要的运输方式时,这一问题已经到了必须引起高度重视的地步,为此,需认真研究目的港无人提货的民事责任。论文以实际调研中取得的第一手材料为依据,根据目的港无人提货的原因及因此给运输各方造成的损害,阐述了研究目的港无人提货民事责任这一课题的重要意义;通过分析海上货物运输合同的特征及承运人、托运人、收货人之间的法律关系,研究了目的港无人提货的权利主体,分析了承运人作为权利主体、实际承运人不能作为权利主体的依据;研究了目的港无人提货的责任主体,分析了订约托运人、记名交货托运人及收货人作为责任主体的依据;指出了“托运人”定义、“收货人目的港强制性提货义务”、“《海商法》与《海关法》的规定不协调一致”等局限性,提出了《海商法》相关条款的完善方向。最后,论文认为,目的港无人提货是一种违约责任,承运人理所当然享受可以索赔损失的权利,订约托运人、记名交货托运人及收货人都有可能成为承运人权利行使的对象;建议通过立法或司法解释的方式确立“单证托运人”、“收货人附条件提货义务”、“《海商法》与《海关法》的规定协调一致”等原则,以解决目的港无人提货这一法律问题。
[Abstract]:No one has claimed the goods that have arrived at the port of destination, which is common in international shipping, especially in container liner shipping, which causes serious damage to the parties, especially the carrier, and also causes a huge waste of social wealth. The carrier's containers are occupied for a long time because of the unpicked cargo at the port of destination, and additional expenses such as garbage disposal fee, storage fee and electricity bill are also paid. In the meantime, the carrier, in order to make the container empty as soon as possible, travels between the shipper and the consignee. Who should bear the responsibility makes it difficult for the carrier to decide. There are few studies on the legal issues related to the uncollected cargo from the port of destination. When container liner shipping has become the most important mode of international maritime transport, this problem has reached the point where it must be highly valued. It is necessary to study the civil liability of the port of destination. Based on the firsthand materials obtained in the actual investigation and according to the causes of the unsolicited goods in the port of destination and the damage caused to the parties involved in the transportation, this paper expounds the important significance of the research on the civil liability of the port of destination. By analyzing the characteristics of the contract of carriage of goods by sea and the legal relationship among the carrier, the shipper and the consignee, this paper studies the subject of the right of the port of destination where the goods are not picked up, and analyzes the carrier as the subject of the right. The actual carrier can not be the basis of the subject of the right; the liability subject of the port of destination is studied, the basis of the contracting shipper, the consignor and the consignee is analyzed, and the definition of "shipper" is pointed out. The limitations of "the consignee's obligation to take delivery of goods at the port of destination" and "the incongruity of the provisions of the Maritime Law" and the "Customs Law" are pointed out, and the improvement direction of the relevant articles of the "Maritime Law" is put forward. Finally, the paper holds that the port of destination is a liability for breach of contract, the carrier is entitled to the right to claim for loss, the contracting shipper, the shipper and the consignee may be the object of the carrier's right to exercise their rights; It is suggested that the principles of "documentary shipper", "consignee's obligation to take delivery with conditions" and "consistency between the provisions of the Maritime Law and the Customs Law" should be established by means of legislative or judicial interpretation. In order to solve the port of destination no delivery of the legal issue.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.294

【引证文献】