论我国《海商法》中承运人的义务与免责的关系

On the Relationship between the Carrier's Obligations and Immunities in CMC

在我国《海商法》中，承运人负有三项基本义务，即适航义务(47条)、管货义务(48条)、直航义务(49条)。与此同时海商法51条又规定了承运人不负赔偿责任的12项免责事项，其中第一项和第二项规定承运人的受雇人在驾驶船舶或管理船舶中的过失以及由于承运人的受雇人过失引起火灾造成的货物灭失或损坏，

CMC provides that the carrier shall bear three essential obiligations, the obligation of seaworthiness, the obligation to care for cargo and the obligation of direct sail. The carrier is responsible for the loss of or damage to cargo caused by the breach of these three obligations. However the carrier does not have to take the responsibility for the loss of or damage to cargo caused by some items of immunity which are also provided in CMC.This paper analyses the relationship between the carrier's obligations and immunities. By analyzing some concrete cases, the paper touches on the problem of determining the real cause to the loss of or damage to cargo so as to judge whether the carrier is responsible for it or not.