论班轮运输合同的订立和解除

Discussion on Contract Conclusion and Termination of Liner Shipping

对班轮运输合同的订立和解除,法律规定不明确。通过分析《海商法》、《合同法》的有关规定,结合班轮实务,澄清班轮合同在订立和解除过程中的模糊概念并解决争议。探讨了缔约过程,包括以电子数据交换系统(Elec-tronic Data Interchange EDI)方式订舱时的合同成立时间,评述了《海商法》和《合同法》规定的合同解除条款,并对不适当的习惯做法提出了建议。认为只有维护合同的法律约束力,才能平等保护当事人的权益,促进班轮运输有序发展。

Provisions about liner shipping contract conclusion and termination are relatively imprecise in law. It is attempted to clarify ambiguity concepts and to resolve disputes in liner contract conclusion and termination process by analyzing relevant regulations of the Contract Law and the Maritime Law and combining liner practice. Process of establishing an agreement is discussed, including the time of contract establishment by EDI （Electronic Data Interchange） space booking. The provisions of contract termination enacted in the Contract Law and the Maritime Law are also reviewed and some suggestions for unsuitable common practice are put forward. It is considered that only abiding by contract binding law can protect parties＇ rights equally and promote an orderly development of liner shipping.