Shipper’s title to sue after the transfer of the bill of lading: a perspective to reform Chinese maritime law
Research output: Contribution to journal › Article › peer-review
Electronic versions
Documents
- 2017 Shippers_right_to_sue
Accepted author manuscript, 236 KB, PDF document
Licence: CC BY-NC-ND Show licence
- 2017_Shippers_right_to_sue
Accepted author manuscript, 236 KB, PDF document
Links
- https://search.proquest.com/docview/1924197202?accountid=14874
Final published version
Cargo interests’ title to sue the carrier to recover loss or damage caused by the carrier’s default is a crucial issue in carriage of goods by sea. However, the current maritime code in China does not provide explicit guidance on this issue. One significant problem that arises therefrom is whether the shipper who has transferred the bill of lading to the endorsee/consignee is still entitled to sue the carrier. This article critically examines the current rule under the Chinese Maritime Code 1993 and pinpoints the fundamental loophole that gives rise to the aforesaid problem. In addition, based on reviewing various solutions provided by other jurisdictions, this article discusses the possible solution that could be considered when reforming current maritime law in China.
Original language | English |
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Article number | 12 |
Pages (from-to) | 155-182 |
Number of pages | 29 |
Journal | Journal of Maritime Law and Commerce |
Volume | 48 |
Issue number | 2 |
Publication status | Published - Apr 2017 |
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