论无资格无船承运人海运合同的法律效力

On the Legal Validity of NVOOC Marine Carriage Contract

合同自由原则和合同有利于有效原则,无疑是贯穿私法领域的重要法律精神,对合同的尊重是法治国家的应有之义,法律对私权利的干预必须慎重。以一个案例作为基础,引出并论证了不具有无船承运人资格的主体所签海运合同的效力问题。

The freedom of contract principle and the contract are propitious to effective principle, which undoubtedly are an important legal spirit running through the private law domain. The respect for contracts is the implied meaning of administering a country according to law. We must be prudent in interfering with private right. Based on one case, this paper introduces and demonstrates the problem of NVOOC （non vessel operating common carrier） marine carriage contract qualification and potency.