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长期以来,国际海上货物运输合同的履行主体——承运人,在组织货物运输时,应当保证船舶具备适航的条件,适航义务是承运人在货物运输合同中应当承担的一项基本义务。所谓适航义务,是指承运人应尽的谨慎处理使船舶并使之具备完成合同运输任务的航行能力、适货能力以及抵抗风险的能力。随着国际海运运力的大幅提升和国际海运的不断发展,承运人肩负的适航义务也随之发生变化。
For a long time, the carrier that performs the international contract for the carriage of goods by sea, the carrier, should ensure that the ship has the conditions of airworthiness when organizing the carriage of goods. The obligation of airworthiness is a basic obligation that the carrier should bear in the contract of carriage of goods. The so-called airworthiness obligation refers to the carrier should exercise due care to make the ship and to have the ability to complete the contract transport mission sailing ability, ability to adapt and risk resistance. With the substantial increase of international maritime shipping capacity and the continuous development of international maritime transport, the carrier’s airworthiness obligations also change accordingly.