In the maritime context,there are some bills of lading containing the so-called demise clause. This article upholds the views of that, in China the maritime courts should not bring this clause into effect, for either ...In the maritime context,there are some bills of lading containing the so-called demise clause. This article upholds the views of that, in China the maritime courts should not bring this clause into effect, for either the common law system or the civil law system considers the clause inoperative. And according to the Hague Rules or Hague-Visby Rules, especially taking relevant statutes in China into consideration, such as The General Principle of the Civil Lawof the People’s Republic of China, The Maritime Code of the People’s Re pubic of China,there is no other conclusions than that the demise clause shall not be taken valid in China.展开更多
文摘In the maritime context,there are some bills of lading containing the so-called demise clause. This article upholds the views of that, in China the maritime courts should not bring this clause into effect, for either the common law system or the civil law system considers the clause inoperative. And according to the Hague Rules or Hague-Visby Rules, especially taking relevant statutes in China into consideration, such as The General Principle of the Civil Lawof the People’s Republic of China, The Maritime Code of the People’s Re pubic of China,there is no other conclusions than that the demise clause shall not be taken valid in China.
