Otherness of contracts for the international carriage of goods by sea

1. Carrier: The basic condition for providing transportation services is that it should have the corresponding means of transportation;

2. Shipper: It can be the owner of the goods, or the transporter or custodian entrusted by the owner of the goods;

3. Consignee: Although it does not participate in the conclusion of the transportation contract, the beneficiary of the transportation contract shall bear the corresponding legal obligations according to law while enjoying the right to receive the goods, such as timely delivery of goods, payment of freight, and inspection obligations.

1. Who is liable for breach of contract of carriage of goods?

The liability for breach of the contract of carriage of goods is against the shipper and the carrier respectively. For the shipper, it is mainly the failure to provide the consignment goods according to the time and requirements stipulated in the contract; Entrainment, concealment of dangerous goods, misreporting of the weight of bulky goods, etc., resulting in breakage of the adjuster, damage to the goods, dumping of the transfer machine, corrosion, etc., and damage to the packaging of the goods; Tanker trucks transport goods without specification quality certificates or laboratory reports; For the carrier, the main thing is that the delivery is not made in accordance with the time and requirements stipulated in the contract; Mistransport the goods to the location of the goods or to the person receiving them; loss, shortage, deterioration, contamination and damage of the goods during transportation; Loss, shortage, deterioration, contamination and damage to intermodal cargo.

Second, whether the freight ** can be deducted from the input.

Shipments** can be deducted from inputs. Cargo transportation services refer to the business activities of accepting the entrustment of the consignee, consignor, ship owner, ship charterer or ship operator to handle the transportation, loading and unloading, warehousing and ship entry and exit of the port, pilotage, berthing and other related procedures for the client in the name of the consignor, which belongs to the brokerage service in the business auxiliary services. Carriage without means of transport refers to the business activities in which the operator signs a transport service contract with the shipper in the capacity of the carrier, collects freight and assumes the carrier's liability, and then entrusts the actual carrier to complete the business activities of the transport service, which shall be calculated and paid in accordance with the transport service.

3. What is the role of the bill of lading?

The role of the bill of lading is mainly manifested in the following aspects: (1) The bill of lading is a receipt for the goods issued by the carrier or its ** person, which proves that the goods have been received according to the contents listed in the bill of lading. (2) The bill of lading is a certificate of ownership of goods.

The legal holder of the bill of lading can pick up the goods from the steamship company at the port of destination by virtue of the bill of lading, or transfer the ownership of the goods by transferring the bill of lading before the cargo ship arrives at the port of destination, or by applying for a bill of lading with the bank. (3) The bill of lading is proof of the contract of carriage concluded between the shipper and the carrier. Under the conditions of liner transportation, it is the basis for dealing with disputes between the carrier and the shipper in transportation; Under the conditions of charter ship transportation, the bill of lading issued by the carrier or its **person is also proof of the contract of carriage.

The contract of this kind of carriage is a charterparty, which is the basis for dealing with the rights and obligations of the carrier (shipowner) and the charterer in the carriage.

Article 829 of the Civil Code provides that before the carrier delivers the goods to the consignee, the shipper may request the carrier to suspend the carriage, return the goods, change the place of arrival or hand over the goods to another consignee, but shall compensate the carrier for the losses suffered thereby.

2. It is a paid contract. The carrier receives freight remuneration at the expense of the transportation services provided by the cargo from one port to another; The shipper receives the goods at the port of destination at the expense of paying the freight. 3. Although there are only two parties to the contract of carriage of goods by sea, they directly involve a third party, that is, the consignee.

4. It is usually a formal contract.

Legal basis: Article 41 of the Maritime Law of the People's Republic of China A contract for the transportation of goods by sea refers to a contract in which the carrier collects freight and is responsible for transporting the goods consigned by the shipper from one port to another port by sea.

Parties to a contract of international sea carriage:

1. Carrier. The basic condition for the provision of transportation services is the availability of corresponding means of transportation.

2. Shippers. It can be the owner of the goods, or it can be the transporter or custodian entrusted by the owner of the goods.

3. Consignee. It is the beneficiary of the contract of carriage, has the right to receive the goods, and also bears the corresponding legal obligations in accordance with the law.

1. What are the rights and obligations of the shipper and the consignee?

The shipper's rights and obligations are: the right to request the carrier to transport the goods in accordance with the contract, the right to require the carrier to bear the loss, submit relevant documents, package the goods, pay remuneration and other obligations. The rights and obligations of the consignee are:

The shipper is required to pay remuneration, deliver the goods, etc., and have the obligations to transport, keep and deliver the goods in accordance with the contract.

2. What are the contracts in which the creditor has a lien?

The following contractual creditors have liens:

1.Processing contract.

2.Construction and installation contracts in capital construction contracts.

3.Custodian contract. According to the custody contract, the custodian keeps the property for the depositor, and when the custody contract is terminated, the depositor shall pay remuneration in accordance with the provisions of the contract.

4.The freight contract in the contract of carriage collapsed. According to the contract of carriage of goods, the carrier shall deliver the consignment to the designated place and hand it over to the consignee, and the shipper shall pay the prescribed transportation costs.

5.Property lease contract.

6.Entrustment Contracts and Trust Contracts. According to the entrustment contract and the trust contract, the trustee handles certain entrusted affairs for the settlor in the name of the settlor or in his own name, and the settlor shall compensate the trustee for the expenses incurred by the trustee for the completion of the commission Liang Trust Office and pay a certain remuneration.

3. What are the basic conditions for cargo transportation?

There are five basic conditions for cargo transportation, namely:

1. Types of railway cargo transportation; At present, the types of railway cargo transportation are divided into full vehicles, less-than-truckloads and containers;

2. According to the conditions of a batch of transportation, the railway transportation of goods is based on batch units;

3. The contract of carriage of goods, for the carriage of goods by railway, the shipper and the carrier shall sign the contract of carriage;

4. The cargo waybill, the shipper's submission of the cargo waybill to the carrier is an offer to sign a contract;

5. Power of attorney, shipper and consignee are divided into natural and legal persons.

Article 5 of the International Maritime Transport Regulations.

The following conditions shall be met for the operation of international shipping business:

1) Obtain the status of enterprise legal person;

2) There are ships suitable for the operation of international slag envy maritime transportation business, among which there must be Chinese ships;

3) The ships put into operation comply with the technical standards for maritime traffic safety stipulated by the state;

4) There is a bill of lading, passenger ticket or multimodal transport document;

5) There are senior business management personnel with the qualifications prescribed by the competent department of transportation.

The contract for the carriage of goods by sea has the following characteristics: 1. The contract for the carriage of goods by sea is a two-way, paid, and important contract; 2. The compensation for the loss of the contract of international carriage of goods by sea shall be capped at the limit stipulated in Article 50 of the Maritime Law of the People's Republic of China; 3. Other features.

Article 41 of the Maritime Law of the People's Republic of China refers to a contract in which the carrier collects freight and is responsible for transporting the goods consigned by the shipper from one port to another by sea. Article 62 of the Maritime Law of the People's Republic of China provides that any special agreement by the carrier to assume obligations not provided for in this chapter or to waive the rights conferred by this chapter shall be effective against the actual carrier with the express consent of the actual carrier in writing; Whether or not the actual carrier agrees shall not affect the validity of this special agreement against the carrier. The provisions of Articles 60 to 64 of the Maritime Law of the People's Republic of China shall not affect the mutual recovery between the carrier and the actual carrier.

Article 64 of the Maritime Law of the People's Republic of China provides that if a claim for compensation is made against the carrier, the actual carrier, their employees and persons respectively for the loss or damage of the goods, the total amount of compensation shall not exceed the limit specified in Article 56 of this Law.

What is a contract of carriage of goods by sea.

A contract for the carriage of goods by sea refers to a contract in which the carrier collects freight and is responsible for transporting the goods consigned by the shipper from one port to another port by sea route.

How is a contract for the carriage of goods by sea established?

The carrier or the shipper may request written confirmation of the conclusion of the contract of carriage of goods by sea. However, the voyage charterparty shall be concluded in writing. Means that telegrams, telex and fax have the force of writing.

Carrier's Liability.

The period of responsibility of the carrier for the goods carried in a container is the period during which the goods are in the possession of the carrier from the time of receipt of the goods at the port of loading to the time of delivery of the goods at the port of discharge. The period of the carrier's liability for non-containerized cargo refers to the entire period from the time the cargo is loaded on board the ship to the time when the cargo is discharged from the ship. During the period of responsibility of the carrier, the carrier shall be liable for the loss of or damage to the goods.

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