Effect of Printing Clauses on Reverse Side of Bill of Lading-Focused on The Hague–Visby Rules and The Hamburg Rules / 載貨證券背面條款效力研究-以海牙威士比、漢堡規則為中心

碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 93 / Abstract
Maritime Act in our country has once made suitable revision coordinating certain international conventions, including the rules:the Hague Rules in 1924 (international convention for the unification of certain rules of law relating to bill of lading)、the Visby Rules in 1968 (protocol amending international convention for the unification of certain rules of law relating to bill of lading,called the Brussels Protocol)、the Hamburg Rules in 1978(united nations convention of the carriage of goods by sea). We have different opinions about effect of printing clauses on reverse side of the bill of lading in practice.
This thesis research some problems about effect of printing clauses on reverse side of the bill of lading in practice of Maritime Act in our country, focusing on international conventions of the Hague Visby Rules, the Hamburg Rules and so on and goal of various countries' practice. The purpose of this thesis wishes to have some contribution for these problems.Printing clauses on reverse side of the bill of lading are dense and numerous. In order to discuss deeply about these problems, this thesis only make a study of the most important and common clauses of agreement on the marine act in practice.
Firstly, this thesis introduces and reviews the property、classification and transition of the bill of lading, and explains the obverse and reverse side of the bill of lading (The Chapter 2 and 3).Secondly, we discuss the opposite effect the bill of lading(The Chapter 4).We may introduce the common clauses of reverse side of the bill of lading in practice such as “defence and limits for the carrier”、“the jurisdiction”、“applicable law”、“ arbitration”and “Himalaya clause” in turn(The Chapter 5∼7).In the end, we summarize all above opinions to make the conclusions and the suggestions(The Chapter 8).

Identiferoai:union.ndltd.org:TW/093NTOU5273038
Date January 2007
CreatorsPei-Jen Chen, 陳培仁
ContributorsRobert Lih-Torng Chen, 陳荔彤
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format213

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