新《合同法》下海运合同和租船合同之订立和生效若干问题探讨

On the Conclusion and Effect of Carriage of Goods by Sea and Charter Parties under 1999 Law of Contract

新《合同法》的颁布首次建立起较完整、科学的合同订立和生效之法律制度。海上货运合同和租船合同作为合同的一类 ,在《海商法》及其它水运法律规范未有规定的方面 ,自然适用《合同法》。因此研究《合同法》中有关合同订立和生效之法律制度 ,对认识和掌握海上货运合同的订立和生效大有裨益。

The Law of Contract issued in 1999 builds a relatively integrated and scientific lawful system about the concluding and taking effect of the contract for the first time in China. As one kind of the contract, the provisions in the new contract law (1999) shall apply the contract of carriage of goods by sea and charter parties, when there are no provisions in Maritime Code and other law concerning the transport. So the article tries to study the concluding and taking effect of the contract of carriage on the basis of the new Law of Contract.