论文部分内容阅读
一、前言海上货物运输①中承运人的识别,历来就受到国内外航运界和法学界的关注,也是海商法中一个传统的研究课题。因为承运人的识别事关海上货物运输索赔对象的确定,货主只有在明确了谁是索赔对象之后才能行使索赔或诉讼的权利,而索赔时效最长亦不超过两年(《汉堡规则》),对于广大适用《海牙规则》的当事人而言则更短为一年,所以若不能在这短暂的时效期间内及时、准确
I. INTRODUCTION The identification of carriers in the carriage of goods by sea ① has always been of concern to the shipping circles and legal circles at home and abroad. It is also a traditional research topic in maritime law. Because the identification of the carrier relates to the determination of the object of carriage of goods by sea, the owner of the claim can only exercise the right to claim or lawsuit only after it is clear who is the subject of the claim and the longest limitation of claim does not exceed two years (“Hamburg Rules”), For the general application of the “Hague Rules” party is shorter for a year, so if not in this short period of time in time, accurate