《鹿特丹规则》之海运履约方制度研究
发布时间：2018-11-21 11:08
【摘要】： 《联合国全程或者部分国际海上货物运输合同公约》即《鹿特丹规则》,于2008年12月11日经联合国大会第六十三届会议第六十七次全体会议审议通过,其签字仪式已于2009年9月23日在鹿特丹成功举行。“海运履约方”制度作为《鹿特丹规则》全新创设的制度之一,在公约中得到了全面的阐述,公约最大范围地将参与履行海运段承运人义务的海运履约方纳入公约调整,为海运履约方建立了实质性的赔偿规则,并且规定了承运人与海运履约方间的连带责任等。这一概念的设立,对于澄清复杂的门到门国际海上货物运输法律关系中的责任主体,确定履行承运人义务的参与方的责任,具有重要的理论和现实意义。 本文共分为三部分。首先,概括介绍了海上货物运输中的履约方这一概念产生背景和制定过程,分析了履约方和海运履约方的定义和范围,对承运人之外实际参与海上货物运输过程的其他当事方进行了界定。然后分析了海运履约方的赔偿责任,主要包括责任性质、归责原则和举证责任、责任限制。最后,结合我国目前《海商法》实际承运人制度在理论和司法实践中存在的问题提出了立法建议。
[Abstract]:The United Nations Convention on contracts for the International Carriage of goods wholly or partly by Sea, the Rotterdam rules, was considered and adopted by the General Assembly of the United Nations at its sixty-seventh plenary meeting, on 11 December 2008, The signing ceremony was successfully held in Rotterdam on 23 September 2009. The "maritime performing party" system, as one of the newly created systems of the Rotterdam rules, has been comprehensively elaborated in the Convention, which, to the maximum extent, includes maritime performing parties participating in the fulfilment of the carrier's obligations during the period of maritime transport into the regulation of the Convention, The rules of compensation are established for maritime performing parties and the joint liability between the carrier and the maritime performing party is stipulated. The establishment of this concept is of great theoretical and practical significance to clarify the subject of responsibility in the complicated legal relationship of door-to-door international carriage of goods by sea and to determine the responsibility of the participants who fulfill the carrier's obligations. This paper is divided into three parts. First of all, it introduces the background and development process of the concept of performing party in the carriage of goods by sea, and analyzes the definition and scope of performing party and maritime performing party. Other parties other than the carrier who are actually involved in the carriage of goods by sea are defined. Then it analyzes the liability of the maritime performing party, including the nature of the liability, the principle of imputation, the burden of proof and the limitation of liability. Finally, the author puts forward some legislative suggestions based on the problems existing in the theory and judicial practice of the actual carrier system in China's Maritime Law.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D996.19
本文编号：2346790
[Abstract]:The United Nations Convention on contracts for the International Carriage of goods wholly or partly by Sea, the Rotterdam rules, was considered and adopted by the General Assembly of the United Nations at its sixty-seventh plenary meeting, on 11 December 2008, The signing ceremony was successfully held in Rotterdam on 23 September 2009. The "maritime performing party" system, as one of the newly created systems of the Rotterdam rules, has been comprehensively elaborated in the Convention, which, to the maximum extent, includes maritime performing parties participating in the fulfilment of the carrier's obligations during the period of maritime transport into the regulation of the Convention, The rules of compensation are established for maritime performing parties and the joint liability between the carrier and the maritime performing party is stipulated. The establishment of this concept is of great theoretical and practical significance to clarify the subject of responsibility in the complicated legal relationship of door-to-door international carriage of goods by sea and to determine the responsibility of the participants who fulfill the carrier's obligations. This paper is divided into three parts. First of all, it introduces the background and development process of the concept of performing party in the carriage of goods by sea, and analyzes the definition and scope of performing party and maritime performing party. Other parties other than the carrier who are actually involved in the carriage of goods by sea are defined. Then it analyzes the liability of the maritime performing party, including the nature of the liability, the principle of imputation, the burden of proof and the limitation of liability. Finally, the author puts forward some legislative suggestions based on the problems existing in the theory and judicial practice of the actual carrier system in China's Maritime Law.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D996.19
【引证文献】
相关期刊论文 前1条
1 孙慧;;论《鹿特丹规则》中的海运履约方制度[J];中国-东盟博览;2012年11期
相关博士学位论文 前1条
1 王威;《鹿特丹规则》下海运履约方法律制度研究[D];大连海事大学;2011年
相关硕士学位论文 前1条
1 李静;《鹿特丹规则》下海运履约方法律地位研究[D];中国海洋大学;2011年
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