海运履约方概念之解析

Analysis on the Concept of the Maritime Performing Party

海运履约方的概念是《全程或者部分海上国际货物运输合同公约草案》中海运履约方制度建立的前提和基础。草案初稿中的概念经过多次修订,形成了目前的海运履约方的概念。这一概念不同于现行有效的海运公约和各国海商法中的概念,其最大限度地将'港到港'间承运人的履约辅助人包括在内,从而使《公约草案》能够最大限度地统一海运履约方的责任制度。

The concept of the maritime performing party is the foundation to establish the maritime performing party system in the Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea.The concept of the maritime performing party in the preliminary draft instrument was continuously revised before the current concept was formed.The concept,which includes the performing parties of the carrier from port to port to the most extent,is different from the concept in the current conventions of the carriage of goods by sea and from the concept in the maritime law of each country.With this concept,the liability system of the maritime performing party can be unified to the most extent by the draft convention.