集装箱海运合同与提单关系再探

Reexamining the relationship between containerization and bill of lading

针对国内集装箱托运作业的特殊性,分析托运单对各方当事人(托运人、承运人、船代、货代)关系的影响,指出托运单最多只能在船代和货代间形成安排运输的合同或待运合同,而不是托运人和承运人间的运输合同,后者的订立是履行前者的结果,因此提单对运输合同的证明作用需要进一步澄清。

With reference to the particular features of Chinese booking routines,this article reexamined the impacts of booking note upon interconnections of parties concerned and concluded that booking note would create at the best a contract to arrange carriage or contract for carriage rather than contract of carriage.It was further proposed that the function of B/L as evidence of antecedent contract be reevaluated where it was admitted that issuance of B/L should concur with formation of contract of carriage as a result of performance of the arrangements based on booking note.