louis vuitton neverfull mm

Improvement of relevant laws and regulations, effectively safeguard the interests of the consignor China as the world's largest developing country in recent years,louis vuitton neverfull mm the amount of import and export cargo shipping has grown rapidly, China's foreign trade cargo and container port throughput are highest in the world. COSCO and China Shipping companies have entered the world's top ten shipping companies, the national shipbuilding capacity in 2005 topped 10 million dwt, accounting for over 18% of international market share [8]. China is not only a trading nation, is also the largest maritime countries, more gradually move to the shipping powerhouse. In this situation, how to improve the legal system to protect the legitimate rights and interests of Chinese exporters, and to prevent the loss of sea freight, promotion and development of China's insurance industry freight forwarding industry has a very important significance [9]. (A) modify the provisions of China's "Maritime" related to the shipper, the shipper to determine the legal status of a legitimate and clear relationship with the rights and obligations between the contracting shipper. As mentioned earlier, China's "Maritime" Article 42 defines the absorption of the relevant provisions of the shipper "Hamburg Rules", but with the "Hamburg Rules" cheap louis vuitton outlet onlinedifferent delivery shipper (consignor) and contracting shippers under maritime law can be a shipper. Two kinds of shipper's brought a lot of problems arise in practice, for example, whether these two types of shippers claim the carrier has issued bills of lading? In the event of liability for damages, both of the shipper to the carrier whether to assume joint responsibility? The author recommends that the actual situation of China's "Maritime" to modify Article 42, explicitly consignor status and rights and obligations. When defining the shipper, the shipper should be clearly constitute elements of two things: not signed with the carrier parties to the contract of carriage of goods, their status is legal; the actual delivery of the goods, including himself, his agent or by principal delivery. Consignor status and their rights and obligations are statutory, legal basis of the facts or conduct the actual delivery of goods and the creation of the consignor is not in the bill of lading "shipper" reads a column of elements, replica louis vuitton luggageits subject status is not dependent on both the statutory transport contract, which is another subject with the "Hamburg Rules" established the "actual carrier" is very similar. Shippers can be divided into non-anonymous consignor and anonymous consignor, of their rights should be different. The only rights of non-anonymous consignor is to require the carrier or the actual carrier issuing the cargo receipt, as proof of delivery of the goods. The rights enjoyed by anonymous consignor shall include: 1. The right to request the issuance of bills of lading. Unless otherwise agreed outside, anonymous consignor has the right to require the contracting carrier bill of lading issued under the conditions of sale of goods to the FOB price in letter of credit transaction and settlement of the case, the contracting shipper has no right to require the carrier to issue bill of lading, unless otherwise agreed in the contract of carriage. 2. Access to the cargo control. It should be clear control of the shipper's cargo. For a negotiable bill of lading, the shipper exercising control, it must hold a full set of documents; for non-negotiable bill of lading, cargo shippers and consignees are entitled to control, when both inconsistent with the contracting shipper's instructions shall prevail. For the relationship between the shipper and the shipper parties should be clear in the legislation: 1. The Contracting shipper and the carrier due to enter into a contract of carriage of goods, and therefore should bear full responsibility for the carrier's contract. 2. The consignor is responsible for only part of the fulfillment of their own. Such as the person responsible for the shipment and freight-related procedures, properly packaged goods and the exact description of the status of the goods, the carrier provided with information relating to the goods, instructions or documents, to undertake corresponding obligations when transporting dangerous goods and live animals, etc. . If the consignor in several areas in violation of this obligation shall bear its own, it is necessary to assume liability for the carrier. 3. Contracting same parts shipper and shipper responsibility between parties shall bear joint and several liability. 4. Contracting relevant shipper and joint and several liability between the shipper shall not affect relations between the two sides of recourse under the contract. For the contracting shipper and shipper in the port of shipment different rights and obligations, there should be clear agreement, there is no joint and several liability between the different rights and obligations of the parties. By modifying the "Maritime", provides consignor legal status, rights and obligations clear shipments enjoyed, in order to protect their rights from the law. (B) from the national interests, and strive to make our favor amendments to the terms of the new Convention, even if can not be modified, it can refer to the attitude of the three conventions before, absorbing its reasonable content for our use. At present, "the draft convention on transport law" authentic louis vuitton wallethas passed third reading and discussion of the provision has been substantially completed, if no accident, in June 2008, "the draft convention on transport law" will be adopted at the UNCTAD meeting, by the end of October 2008 at the United Nations General Assembly adopted after entering into signing stage. Can not be denied, and the former "Hague - Visby Rules," compared to the "Hamburg Rules", "draft convention on transport law" a huge system, rich content, a wider range of adjustment, it increases the number of closely related with trade law content, rebalance the cargo interests of both sides, built many systems, such as "electronic transport record", "transfer of rights" and so has the characteristics of the times, a lot of reasonable proposals have been adopted by our delegation convention. But the same can not be ignored is that many of the provisions of the Convention is not conducive to our country in many ways. For example, the Convention liability regime had taken a completely fault liability system "Hamburg Rules", the abolition of the navigational fault exemption; in terms of the rights and obligations of shippers, as mentioned above, for the cargo of FOB export trade also extremely unfavorable. As we all know, our year in the "Maritime" legislation, did not join "Hague Rules", "The Hague - Visby Rules" and "Hamburg Rules" Any one can not assume any obligation Convention treaty, which took the liberty and a flexible attitude are reference, reference or absorbed three conventions in line with the relevant provisions of China's national conditions or mental, as I used to form the mixed mode of an international convention suitable. I recommend this method can also be used in the future, "Maritime" modifications. "The draft convention on the carriage Law" Covering content is too wide and therefore had to use a lot of alternate text, many new concepts, such as "performing party", "control" and so did not get the accurate definition, for such a reflection of the international uniform rules of legal instruments, the prospects for its entry into force is worrying. In this case, I suggested that our country does not need to sign the Convention was opened immediately after the signing of the Convention, but should be combined with China's actual conditions, so that the content of the Convention as I used to, so more flexible. CONCLUSIONS In conclusion Because of the general lack of law and in practice, the majority of deficiencies related export enterprises prevention concepts and legal awareness, so that fraud occurred frequently under FOB terms.louis vuitton damier bags Relevant international conventions, including the Convention on the existing three, "the draft convention on transport law" and are not being considered under FOB terms of the status of the consignor to give strong protection. As the world's largest developing country, China is not only a major exporter, but also maritime power. In order to better protect the legitimate rights and interests of our party, I suggest China should proceed from reality, and borrowing on favorable international conventions provisions of China as I used to, so that our faster shipping by sea power to a power shift. cheap louis vuitton outlet online cheap louis vuitton outle louis vuitton outlet online authentic louis vuitton outlet louis vuitton outlet online