중국 해상법상 운송인의 책임기간에 관한 연구

A Study on the Period of Responsibility of the Carrier under Chinese Maritime Law

The purpose of this work aims to analyse the period of responsibility of the carrier under Chinese Maritime Law with the Hamburg Rules. Art. 4 of the Hamburg Rules hold the carrier responsible for the goods during the period in which he is in charge of them. It defines this period as “from the time he has taken over the goods at the port of loading” until the time he has delivered the goods “at the port of discharge”. This definition was debated at the Hamburg Conference. It is intended to avoid interference with multimodal transport and to limit the application of the Hamburg Rules to transport to limit the application of the Hamburg Rules to transport by sea. Thus, if the ocean carrier takes charge of the goods at an inland location, packs them into his container and brings them by rail, road or inland waterway to his vessel at the port, the Hamburg Rules do not apply until arrival of the goods at the port when his ship is loading. The period of responsibility under the Hamburg Rules is both wider and clearer than that under the Hague-Visby Rules. The remaining problems in borderline cases may be solved by courts on the basis of art. 4.2. Pursuant to article 23 of the Hamburg Rules, the period responsibility cannot be restricted or reduced. By art. 4 the responsibility of the carrier under the Hamburg Rules is from “port to port”. In other words it covers the period while he is in charge of the goods at the port of loading, during the carriage and until the goods are delivered at the port of discharge. Under art. 4.2. the carrier is deemed to be in charge of the goods at the port of loading from the time he has taken them. Rotterdam Rules have been expanded over the period of cover more than the Hague-Visby Rules and Hamburg Rules.