碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 99 / Carriages of good by sea, according to their nature, has been divided into two by the English law, i.e. “Common Carriage” and “Private Carriage”. The former, mainly liner service, is represented by contract that evidenced by Bills of Lading. And the after, mainly tramp service, is governed by Charterparty. Compared to Common carriage, Charterparty, which is in the Private carriage category, has long been recognized by both international conventions and private legislations to have contractual freedom. More over, in all the CharterParties that been used, today, also contains all sorts of clauses/terms that deviates from the legislations and conventions. But since modern trades are all internationally involved and can only be done by the help of L/C (Letter of Credit). In practice, owner/carrier has to issue Bill of Lading, by the request of shipper/charterer, despite already having a governing Charterparty. Thus, Charterparty and Bs/L, which having different concept/origin, meets and intervenes each other. Giving change to carrier’s liability and restrain to contractual freedom that provided by Charterparty.
The purpose of this thesis is to show how freedom of contract works under the Charterparty, in terms of carrier’s liability. Also how liability changes after Bs/L issued, out side the Charterparty. Then giving introduction to how carrier, in practice, can against innocent Bs/L holder and protect their given rights, under the governing CharterPart.
| Identifer | oai:union.ndltd.org:TW/099NTOU5273006 |
| Date | January 2011 |
| Creators | Kai-Jung Pan, 潘楷中 |
| Contributors | Cuei, Bian-Sheng, 崔汴生 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 348 |
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