Letter of Indemnity in Carriage of Goods by Sea: Chinese Law and Judicial Practice
Letter of Indemnity in Carriage of Goods by Sea: Chinese Law and Judicial Practice
A letter of indemnity is commonly used in carriage of goods by sea. There are no relevant provisions in the Chinese Maritime Code 1992 regulating the letter of indemnity. The Chinese Contract Law 1999 is the appropriate statute law for issues relating to the letter of indemnity. However, Chinese judicial practice considered the letter of indemnity as part of a contract of carriage of goods by sea, and therefore the Chinese Maritime Code 1992 applies to disputes over the letter of indemnity. The judgments from the Chinese courts, including the Supreme People’s Court in The Orient Fortune and The Orient Fortune (No 2), showed a misunderstanding of the letter of indemnity and the uncertainty of judicial practice in maritime trials. This article examines the fundamental issues relating to the letter of indemnity in carriage of goods by sea and provides academic views on those issues.
265-289
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
April 2017
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Zhao, Liang
(2017)
Letter of Indemnity in Carriage of Goods by Sea: Chinese Law and Judicial Practice.
Hong Kong Law Journal, 47 (Part 1), .
Abstract
A letter of indemnity is commonly used in carriage of goods by sea. There are no relevant provisions in the Chinese Maritime Code 1992 regulating the letter of indemnity. The Chinese Contract Law 1999 is the appropriate statute law for issues relating to the letter of indemnity. However, Chinese judicial practice considered the letter of indemnity as part of a contract of carriage of goods by sea, and therefore the Chinese Maritime Code 1992 applies to disputes over the letter of indemnity. The judgments from the Chinese courts, including the Supreme People’s Court in The Orient Fortune and The Orient Fortune (No 2), showed a misunderstanding of the letter of indemnity and the uncertainty of judicial practice in maritime trials. This article examines the fundamental issues relating to the letter of indemnity in carriage of goods by sea and provides academic views on those issues.
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Published date: April 2017
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Local EPrints ID: 437754
URI: http://eprints.soton.ac.uk/id/eprint/437754
ISSN: 0378-0600
PURE UUID: 05add1e7-3cdd-4270-b4d2-15411cf1c162
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Date deposited: 14 Feb 2020 17:30
Last modified: 01 Apr 2023 02:00
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