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一、租船契约和海运契约方面有管辖权的法院和适用的法律(一)要解决有关租船契约和海运契约的争议,选择法庭是很重要的,因为可适用的法律和法律的解释往往取决于受理法庭所持的标准。因此,在租船契约和提单中,通常都列入关于可适用的法律和有管辖权的法院的专门条款,大多数情况下都将二者列在一起。(二)在国际海上运输中,通常把班轮运输与租船运输、租船契约与提单加以明确区分;提单可能是在执行租船契约中发出的,或者是用来作为通常所谓的运输契约的证据。在许多国家中,特别在法国和意大利,对两种契约的差别作了许多理论性讨论,我们现
I. CIVILIANS HAVING JURISDICTIONS ON THE CONTRACTS OF SHIPPING CONTRACTS AND THE SHIPPING CONTRACTS AND APPLICABLE LAW (I) It is important to choose the courts in order to resolve disputes over charter parties and maritime contracts, as applicable law and legal interpretations often Depends on the standards of the admissibility court. Therefore, in charterparties and bills of lading, there are usually special articles on applicable law and courts of competent jurisdiction that, in most cases, are grouped together. (B) In international maritime transport, the distinction between liner and charter transport, charterparty and bill of lading is usually made clear; a bill of lading may be issued during the execution of the charterparty or may be used as the so-called contract of carriage evidence. In many countries, especially in France and Italy, there has been much theoretical discussion of the differences between the two types of contract, and we now