碩士 / 東吳大學 / 法律學系 / 102 / "Multimodal Transport Contract" has been enshrined both in the Maritime Law of the People's Republic of China and in the Contract Law of the People's Republic of China.And it is widely used in China.
When discuss "Multimodal Transportation System", we tend to emphasize the importance of ship transport.It is because of roughly eighty percent of the world's goods are transported by sea. However, "Multimodal Transport" as it is defined as "Multimodal Transport involves at least two modes of transport", so it is important to remember that multimodal transport is not equivalent to ship transport. Multimodal transport is feasible with all forms of transport.With the third Eurasian Land Bridge will be basically accomplished, the southern branch of the Eurasian Land Bridge rail links running through the People's Republic of China. The Eurasian Land Bridge is the overland rail link between East Asia and Europe.And the ancient Silk Road will be replaced with the whole new route. The author thinks they are both important to lay equal stress on ship transport and other modes used for sea, land, or air transportation, such as vessels, vehicles, or aircrafts.
There are many conventions and legislation applicable to the multimodal contract for the carriage of goods. This article will discusses the application of successive treaties and legislation relating to "Multimodal Transport Contract". This article also discusses identity of carrier, the problem of mistaken identity of carrier will increase litigation costs and lead to an end to lose a lawsuit.
At last, there are some comments which made on the international and domestic legislative situation concerning multimodal transport contract in the legal systems of China.The author also points out some defects of the present situation and puts forward some advice on amending those legislations. It is expected to provide few useful suggestions on modifying China’s multimodal transport legal system.
Keywords: Contract Law of the People's Republic of China, Multimodal Transport, Freight Transportation,Conventions, Multimodal Transport operator
| Identifer | oai:union.ndltd.org:TW/103SCU00194007 |
| Date | January 2014 |
| Creators | Wu Yu Jie, 吳宇杰 |
| Contributors | 黃陽壽 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 127 |
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