试论收货人在海上货物运输合同中的法律地位

On the Legal Status of the Consignee in the Contract of Carriage of Goods by Sea

海上货物运输合同往往与国际货物买卖合同联系在一起,这导致其涉及到的当事人非常复杂。收货人尽管一般没有参与海上货物运输合同的缔结,但我国海商法42条中的"托运人"定义认可没有亲自参与合同缔结的托运人存在;海上货物运输合同的当事人的权利和义务也同样涉及到收货人;提单并非是无因性的,不能以提单在收货人与承运人之间具有最终证据效力来否认收货人的海上货物运输合同当事人的地位。

The contract of carriage of goods by sea is often associated with the contracts for the international sale of goods, which leads to the parties involved being very complicated. Although the consignee is generally not involved in con- cluding the contract of carriage of goods by sea, the existence of the consignor, who does not personally participate in the conclusion of the contract, is approved according to the definition of ＂consignor＂ in Clause 42 of China＇ s Maritime Law. Furthermore, the rights and obligations of the parties also relate to the consignee, and the bill of lading is not uncaused. So it cannot deny the consignee＇ s status in the contract of carriage of goods by sea only because the bill of lading has the final evi- dence effect on the consignee and the carder.