碩士 / 國立高雄海洋科技大學 / 航運管理研究所 / 98 / With policies such as the Three Direct Links and Economic Cooperation Development, trade exchange between mainland and Taiwan is becoming increasingly active. The positive growth of the total volume of trade among two sides and countries in the world highlights the role of international trade in promoting economic globalization. Ocean shipping is an important way to trade development, and the appliance of applicable law for contracts of ocean shipping will be more important with the increasing admiralty disputes.
Facing lawsuits of admiralty disputes, to make the application of applicable law be the rights and obligations of the parties and be a basis for judgment is an important issue in the trail of maritime cases. Therefore, the difference produced by the application of proper law between mainland and Taiwan, and the results of its application will produce significant effects on the interest of the party who transports goods by sea. Thus, there is a need to make a comparison between the bilateral current legal system of proper law of contract of ocean shipping and court decision. It is also necessary to make research on whether there are differences between mainland and Taiwan in the application of the law, and whether the application is appropriate.
This thesis focus on the theory and decision of the proper law of contract of ocean shipping, gathering relevant academic literature and court decision, making use of empirical research, theoretical analysis, and comparative research methods, to summarize, deductive, and make comparative analysis of the theory of the bilateral law applicable to the contract of ocean shipping. Finally, we reach the following conclusions: 1. in the International Private Law, the development of the theory of the applicable law for contracts gives priority to the doctrine of autonomy of the parties, supplemented by the doctrine of the closest connection. 2. the selection procedures of law in our country result in complicate application of the substantive law. 3. many articles in the applicable law on bills of lading are almost invalid in Chinese judicial practice. 4. the mainland's provision on the proper law of contract of ocean shipping consistent with International Private Law legislation. 5. decisions are most based on the doctrine of the closest connection in mainland's judicial practice. 6. the complicated electoral law in Article 77 of China Maritime Law is likely to increase the risk of litigation. 7. new amended Law Governing the Application of Laws to Civil Matters Involving Foreign Elements certainly includes the effectiveness of the applicable law on the bills of lading.
| Identifer | oai:union.ndltd.org:TW/098nkim8301033 |
| Date | January 2010 |
| Creators | Liu Chun-Chang, 劉俊昌 |
| Contributors | Yu Hui-Lung, 于惠蓉 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 100 |
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