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海上货物运输的参与主体众多,承运人作为履行运输、签发提单的主体,对其识别具有十分重要的意义。然而,由于还是货物运输环节繁杂,参与者众多,加之承运人概念模糊、各国规定不一,致使实践中经常会发生对承运人识别困难的情形。下文将以提单抬头印制的承运人名称与提单签发人名称不一致为例,简述当前学者的观点及笔者的拙见。
There are many main bodies involved in the carriage of goods by sea. It is of great significance for the carrier to recognize the ship as the main body for carrying out the transportation and issuing bills of lading. However, due to the complexity of the transportation of goods, the large number of participants and the vagueness of the carriers, the regulations of different countries are different, resulting in the fact that carrier identification frequently occurs in practice. The following will be printed on the bill of lading head carrier name and bill of lading the name of the issuer is inconsistent, for example, the current scholar’s point of view and the author’s humble opinion.