从德国法视角重新划分了海上货物运输合同,揭示了海上货物运输的本质,即货物在特定时间段经由海路发生空间上的变动。此外,从承运人两项基本的义务出发,把海上货物运输合同准确地定位为承揽合同,有助于合理地厘定承运人的责任、深化对海上货物运输合同的认识。 Redefinition of the contract of carriage of goods by sea from the perspective of German law reveals the essence of the carriage of goods by sea, that is, the spatial variation of the goods by sea during a specified period of time. In addition, starting from the two basic obligations of the carrier, the accurate positioning of the contract of carriage of goods by sea as the contract of contract can help to reasonably determine the responsibility of the carrier and deepen the understanding of the contract of carriage of goods by sea.