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海上货物运输合同,是指承运人收取运费,负责将托运人交运的货物,经海路由一港运至另一港的合同。海上货物运输合同涉及合同托运人、承运人等当事人,还涉及实际承运人、实际托运人、收货人、提单持有人等关系人。在海上货物运输中,这些当事人和关系人的界定以及相互之间的权利义务责任具有特殊性,颇值研究。一、承运人和实际承运人海运承运人的定义第一次出现是在海牙规则中。该规则第1条第1款规定:“承运人包括和托运人缔结运输合同的船舶所有人和租船人。”这个定义被认为是有歧义的。首先,在船舶所有人和租船人以外,是否有其他承运人,如有,是什么?其次,当与托运人缔结运输合同的不是船舶所有人而是租船人时,是船舶
The contract of carriage of goods by sea refers to the contract by which the carrier charges freight for the carriage of the goods delivered by the shipper by sea to another port by sea. The contract of carriage of goods by sea involves the parties such as the contract shipper and the carrier as well as the related parties such as the actual carrier, the actual shipper, the consignee and the bill of lading holder. In the carriage of goods by sea, the definition of these parties and their relations with each other and the obligation of their rights and obligations have their own particularities and worthwhile studies. First, the carrier and the actual carrier The definition of maritime carrier first appeared in the Hague Rules. Article 1, paragraph 1, of the Rules states: “The carrier includes the owner of the ship and the charterer who have entered into the contract of carriage with the shipper.” This definition is considered to be ambiguous. First of all, what are the other carriers, if any, other than the shipowner and the charterer? Second, when the contract of carriage concluded with the shipper is not the shipowner but the charterer, it is a ship