碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 95 / Abstract
The purpose of this thesis is to dicuss the applicable law of contracts of carriage by sea. It refers to international conventions; for instance, Hague Rules、Visby Rules and Hamburge Rules.
The article 77 is a new article related to the bill of lading of applicable law added in the revised Maritime Law in 1999. The inimitable article of our Maritime Law is different to legal regime of major nations. The academia and court’s opinion is often not the same. In the scholar’s comments of this article, it refers to the feasibility of the paramount clause or immediate applicable law in the future by the legislation of world.
The paper discuss the concept of the doctrine of autonomy of the parties, and then to introduce the international conventions and legal regime of the major nations; and then to further discuss the judicial decisions and the opinion of the scholars, and finally discuss the stipulation and defective of our Maritime Law.
| Identifer | oai:union.ndltd.org:TW/095NTOU5273003 |
| Date | January 2007 |
| Creators | Cheng-Ta Wu, 吳政達 |
| Contributors | Tse-Tung Ko, 柯澤東 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 194 |
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