海商法第五十条第一款规定,货物未能在明确约定的时间内、在约定的卸货港交付的,为迟延交付。不论在海事审判实践中还是在理论上,一般视该条款为迟延交付的定义条款,并进一步认为,构成迟延交付应具备的前提条件是海上货物运输合同对承运人的交货时间有明确约定,否则不构成迟延 The first paragraph of Article 50 of the Maritime Code stipulates that goods delivered within the agreed unloading port within the expressly agreed time are delivered in a delay. Whether in maritime trial practice or in theory, it is generally regarded as a clause of delayed definition of delivery, and further considered that the delay in delivery should have the prerequisite that the contract of carriage of goods by sea has a clear agreement on the delivery time of the carrier, Otherwise, it will not be delayed