Journal of Navigation and Port Research (한국항해항만학회지)

Korean Institute of Navigation and Port Research (한국항해항만학회)
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A Basic Study on the Maritime Performing Party System and the Difference between the Maritime System and China's system

  • Liu, Xiaoxian (Graduate School of Marine Transportation System, Mokpo National Maritime University) ;
  • Noh, Chang-Kyun (Department of Marine Transportation System, Mokpo National Maritime University)
  • Received : 2012.02.06
  • Accepted : 2012.06.29
  • Published : 2012.06.30
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Abstract

"United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" was passed in July 3, 2008. on September 23, 2009 signing ceremony was held in Rotterdam. The system of maritime performing party is a special system in the transport convention, and constitutes an integral part of the Convention. Maritime performing party system is not the first system which brings in the carrier's independent contractor, but it is the most comprehensive and thorough one. It unified the duty of carrier's independent contractor in the maritime segment, and it is also an important progress in the developing process of international maritime legal system. There are some differences between the maritime performing party and China's current related system, i.e, the port maritime performing party and the intermediate performing party are included in the maritime performing party, and they can enjoy the carrier's exception clause and limitation of liability.

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References

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