论文部分内容阅读
作为连接海上运输两头的起运港和到达港的港务企业,它们在从事海上运输货物的装载、卸货业务时,在海上货物运输关系中处于怎样的法律地位,同其他关系人之间发生的究竟是怎作的法律关系?本文就此问题谈几点看法。 传统形成的海上货物运输合同的主体,主要是指托运人、承运人（实际承运人）和收货人（提单持有人）。承运人在责任期间,应当妥善地、谨慎地装载、搬移、积载、运输、保管、照料和卸载所运货物。对非集装箱装运的货物,托运人负责把运输货物在船边交给承运人,承运人在货物运到目的地,卸离船舶后将货物交给收货人。对集装箱装运的货物,托运人负责把运输货物在装货港交给承运人,承运人在卸货港将货物交给收货人。这是传统海运习惯形成的模式并为近代国际公约所确认。
As a port enterprise connecting the port of shipment and the port of arrival at sea, what legal status they are in the relationship of carriage of goods by sea when engaged in the loading and unloading of goods by sea? What is the actual situation with other related parties? How to make the legal relationship? This article talked about this issue. Traditionally formed by the main contract of carriage of goods by sea, mainly refers to the shipper, the carrier (the actual carrier) and the receiver (the bill of lading holder). During the responsibility period, the carrier should properly and carefully load, move, stow, transport, keep, care and unload the goods transported. For non-container shipment of goods, the shipper is responsible for the transport of goods at the side of the ship to the carrier, the carrier in the goods to the destination, after leaving the ship the goods to the consignee. For containers shipped in the container, the shipper is responsible for the transport of goods in the port of loading to the carrier, the carrier at the port of discharge to the consignee. This is a model of traditional maritime customs and is confirmed by modern international conventions.