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海上货物运输合同,是指承运人与托运人所签订的,以收取运费为对价,将托运人所提交的货物经海路从一港运到另一港口的合同;在中国运输实践与运输法律理论中,其专指涉外海上货物运输合同,与被称为水路运输合同的国内海上货物运输合同相对应。作为运输合同的一种特殊形式,我国《海商法》也对它进行了专章法律调整。如何正确地认识不同法律规范对海上货物运输合同的适用,正是本文所要探讨的问题。
The contract of carriage of goods by sea refers to the contract signed by the carrier and the shipper in order to collect freight charges for the carriage of the goods submitted by the shipper by sea from one port to another port. The law of transport practice and transport in China , Which refers specifically to the contract of carriage of goods by sea related to a foreign country and corresponds to the contract of domestic carriage by sea of goods which is called the contract of carriage of waterway. As a special form of the contract of carriage, China’s “Maritime Law” also carried out a special chapter of the law to adjust it. How to correctly understand the application of different legal norms on the contract of carriage of goods by sea is precisely the issue to be explored in this article.