Study On Carrier’ S Seaworthiness Obligation Under the Background of Revision of Maritime Law

The liability of the carrier plays a central role in transport law of goods by sea. The carrier's seaworthiness obligation is the most fundamental and important part among its three basic obligations. The specific content of the carrier's seaworthiness obligation is closely related to the interests of both the shipper and the carrier. With the changing positions of both parties and the development of shipbuilding and navigation technology, relevant regulations regarding the seaworthiness obligation should be adjusted accordingly to achieve a rebalance of the interests of both parties and meet the legislative requirements of the new maritime era. This article explores the development issues of the carrier's seaworthiness obligation in four parts. The first part briefly outlines the development process of the seaworthiness obligation and describes the existing scope and content of the seaworthiness obligation under standard system of China’s Maritime Law. The second part analyzes the provisions regarding the carrier's seaworthiness obligation from the perspective of “Maritime Code of the People’ s Republic of China (Revision) (Exposure Draft)” (hereinafter referred to as Exposure Draft). The third part identifies the remaining issues and loopholes in the above provisions. Finally, the fourth part provides suggestions and prospects.