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凭单放货是海上货物运输中的基本原则。然而,在现代航运条件下,货物在较短的时间内就能到达卸货港,而提单仍处于流转状态,这意味着货物可能早于提单到达卸货港,从而导致无单放货需求的增加。同时,在现代航运实践中,大多数情况下承运人交付货物都是由其代理人即船舶代理人代承运人进行的,因此船舶代理人也陷入了无单放货的责任风险中。本文旨在通过分析船舶代理人无单放货的情形、无单放货的责任承担以及给我国的立法启示等方面,挖掘《海商法》中仍然空白的船舶代理人无单放货的法律问题研究。
Voucher delivery is the basic principle of the carriage of goods by sea. However, under modern shipping conditions, cargo arrives at the port of discharge within a relatively short period of time, while the bill of lading is still in circulation, which means that the cargo may arrive earlier than the bill of lading arriving at the port of discharge, resulting in an increase in the demand for delivery without the bill of lading. In the meantime, in modern shipping practice, in most cases, the carrier delivers the goods by acting on behalf of the carrier by his agent, namely, the ship’s agent. As a result, the agent of the ship is also at risk of assuming no responsibility for the delivery of the goods. The purpose of this paper is to find out the legal problems of shippers without a single agent in “Maritime Law” by analyzing the situation of shippers without a single delivery of goods, the responsibility of non-delivery of single goods and the enlightenment to our country. the study.