A Study on the Compensation Scope for Marine Cargo Transported / 海運貨物之損害賠償範圍

碩士 / 國立高雄海洋科技大學 / 航運管理研究所 / 104 / Along with the international trade has become increasingly frequent, marine cargo damage, loss of or delay happened freequently. And this damage compensation for marine transportation of goods involved and claims of both parties of interest. So this paper is about the scope of compensation for damages of shipping goods to explore, according to international convention and China's current the law, as well as the use of the current practice of bill of lading clause on the back to be analyzed, and the collection and analysis of judicial judgment. In addition, this paper also takes a shipping company as the research object, the practice of the investigation carried for import and export goods freight bill of lading and the recorded content and import amount, and calculate the the package limitation of liability. The goods only four percent, the carrier may claim the package limitation of liability. Because of its high value, the number of small pieces, so the price of each phase of high transport People will advocate package limitation of liability. And 96 percent of the goods is because in the bill of lading is contained in the number of smaller units, transport people unable to enjoy package limitation of liability of legal interests. So in the future in legislation on whether it is necessary to improve Maritime Law Article 70 transporting the package limitation of liability, the survey practice, also seems to be no increase of necessity.

Identiferoai:union.ndltd.org:TW/104NKIM0301005
Date January 2016
CreatorsShu-Chin Chen, 陳淑衿
ContributorsHui-Lung Yu, 于惠蓉
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format104

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