沿海、内河货物运输合同关系新探

New analysis of contract relationship for cargo transport in the coastal and inland waters

沿海、内河货物运输合同关系,在法律适用方面,以《合同法》和《民法通则》为基本标尺,以《国内水路货物运输规则》为基本规范。相关货运合同的签订,遵循《合同法》规定的要约与承诺方式,运单是运输合同的证明和承运人已经接收货物的收据。未取得《水路运输许可证》的水运企业所签的沿海、内河货物运输合同,应依法认定为有效合同,但这不影响水运行政主管机关对有关承运人追究行政责任。

The Coastal and inland river cargo transport contract relationship should be in line with the Contract Law and the General Principles of Civil Law of P.R.C,and follow the Rules for Domestic Waterborne Transport of Goods.Signing such contract should comply with the provisions of the Contract Law and method of commitment.Waterborne waybill is the evidence of the coastal and inland water cargo transport contract and the acceptance of the goods by the carrier.The contract signed by a carrier that does not hold the license of waterborne transport of goods is regarded as a valid contract.However,such contract does not impede the administrative authority to carry out investigation and take actions against the responsible persons.