First, this paper puts forward that three conditions must be met by someone who is to be identified the actual carrier accord-.ing to the definition of the actual carrier provided in Maritime Code of P. R. C.. Then, t...First, this paper puts forward that three conditions must be met by someone who is to be identified the actual carrier accord-.ing to the definition of the actual carrier provided in Maritime Code of P. R. C.. Then, the paper gives a detailed analysis on the identification of the actual carrier in the case of liner ship-plng, voyage C/P, time C/P, bareboat C/P and NVOCC, etc.The paper also discusses what should be noted while determining the liability of the actual carrier. Thls paper might be of refer-ence value to the shipping and judicial practice in our country.展开更多
In this short essay the author wants to say something new about the liability for demurrage or damages for ship’s detention undertaken by the buyer or the seller of the goods who is not the charterer of the voyage Ch...In this short essay the author wants to say something new about the liability for demurrage or damages for ship’s detention undertaken by the buyer or the seller of the goods who is not the charterer of the voyage Charterparty. With the help of Mr. Philip Yang’s new work The Law of Demurrage and three recent maritime cases before maritime courts in China,the author can show the readers something interesting about the legal basis of such a liability and the relationship between the voyage Charterparty and the contract of sale in this respect from the view point of a maritime lawyer in展开更多
The pioneering stipulation of article 15 and 20 in The Mandime Cnd of PRC pay special attention to the relationship between ship mortgage and marine insurance. In practice marine insurance is a vital part of a ship fi...The pioneering stipulation of article 15 and 20 in The Mandime Cnd of PRC pay special attention to the relationship between ship mortgage and marine insurance. In practice marine insurance is a vital part of a ship finance package. The priority vested in the ship mortgagee may be impaired by the acts of the ship mortgagor.Therefore,a properly worded deed of covenants is needed in China.An effective hull insurance and assignment of insurance ensures the ship mortgagee (the bank) may claim and receive directly the insurance proceeds in the event that the mortgaged ship is lost.展开更多
On the basis of Article 143 of the Maritime Code of the PRC,this article discusses the following problems relating to the last voyage: a)charter period and date of redelivery; b)what is the last voyage;c)time at which...On the basis of Article 143 of the Maritime Code of the PRC,this article discusses the following problems relating to the last voyage: a)charter period and date of redelivery; b)what is the last voyage;c)time at which the legitimacy of the last voyage is judged,and d)展开更多
This paper introduces,analyses and studies the following regulations in letter of credit and UCP 500: meaning of shipment,making clear the shipment date, start-stop calculation and avoiding words of shipment period, t...This paper introduces,analyses and studies the following regulations in letter of credit and UCP 500: meaning of shipment,making clear the shipment date, start-stop calculation and avoiding words of shipment period, time limit of producing shipping documents and no extending shipment展开更多
文摘First, this paper puts forward that three conditions must be met by someone who is to be identified the actual carrier accord-.ing to the definition of the actual carrier provided in Maritime Code of P. R. C.. Then, the paper gives a detailed analysis on the identification of the actual carrier in the case of liner ship-plng, voyage C/P, time C/P, bareboat C/P and NVOCC, etc.The paper also discusses what should be noted while determining the liability of the actual carrier. Thls paper might be of refer-ence value to the shipping and judicial practice in our country.
文摘In this short essay the author wants to say something new about the liability for demurrage or damages for ship’s detention undertaken by the buyer or the seller of the goods who is not the charterer of the voyage Charterparty. With the help of Mr. Philip Yang’s new work The Law of Demurrage and three recent maritime cases before maritime courts in China,the author can show the readers something interesting about the legal basis of such a liability and the relationship between the voyage Charterparty and the contract of sale in this respect from the view point of a maritime lawyer in
文摘The pioneering stipulation of article 15 and 20 in The Mandime Cnd of PRC pay special attention to the relationship between ship mortgage and marine insurance. In practice marine insurance is a vital part of a ship finance package. The priority vested in the ship mortgagee may be impaired by the acts of the ship mortgagor.Therefore,a properly worded deed of covenants is needed in China.An effective hull insurance and assignment of insurance ensures the ship mortgagee (the bank) may claim and receive directly the insurance proceeds in the event that the mortgaged ship is lost.
文摘On the basis of Article 143 of the Maritime Code of the PRC,this article discusses the following problems relating to the last voyage: a)charter period and date of redelivery; b)what is the last voyage;c)time at which the legitimacy of the last voyage is judged,and d)
文摘This paper introduces,analyses and studies the following regulations in letter of credit and UCP 500: meaning of shipment,making clear the shipment date, start-stop calculation and avoiding words of shipment period, time limit of producing shipping documents and no extending shipment