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货运代理业务节奏快、时效性强、地域跨度大,要求每一项业务都有经签章确认的正本合同不具有现实的可操作性,大量业务是通过电话、传真、邮件等方式完成的,另外,实践中航空货运合同往往出现层层转委托的情形,要求最初托运人在提单上签字或者盖章缺乏可操作性,也是非效率的。高效率导致的结果就是因为缺乏原始证据,容易引发纠纷。法院面对现有证据,必须厘清当事人之间的法律关系,透过现象看本质,才能做出合法合理的判断。对法律关系的认定是法院在查明事实的基础上,根据当事人的权利义务特征作出判断,应当重点审查当事人的权利义务,避免单纯根据合同名称、合同中当事人自认的类似于法律地位的称谓等作出判断。货代企业在追求高效率的同时应该注重规避法律风险。
Freight forwarding business fast paced, timeliness, geographical span, requires that each business has a signature of the original contract is not practical, a large number of business by telephone, fax, e-mail and other means completed, In addition, in practice, air cargo contracts tend to be transferred to each other at different levels. It is also inefficient to require the original shipper to sign or seal the bill of lading. The result of high efficiency is the lack of original evidence, easily lead to disputes. In the face of the existing evidence, the court must clarify the legal relationship between the parties and through the nature of the phenomenon, can they make a lawful and reasonable judgment. The cognizance of the legal relationship is that on the basis of ascertaining the facts, the court, based on the characteristics of the rights and obligations of the parties, should review the rights and obligations of the parties concerned and avoid appearing on the basis of the name of the contract and the legal-status appellation To make judgments. In the pursuit of efficient freight forwarding companies should pay attention to evade legal risks.