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控制权制度作为运输法中的重要制度,对促进国际贸易的顺利进行,保障交易安全、平衡交易关系起着相当大的作用。海上运输法领域规定“控制权”比货物贸易法领域的“中途停运权”能更好平衡各方当事人利益,是一种更为有效的救济权利。然而,在实践中,确定享有控制权的主体却比较复杂。本文对国际货物贸易下海运货物控制权的行使主体进行了深入研究和探讨。由于海上货物运输有其特殊性,运输合同履行过程通常会涉及第三人,如收货人、FOB买卖合同下的发货人、提单持有人等,各国海商法或运输法通常赋予他们运输合同的某些权利和义务,是对合同相对性原则的突破,他们也均有可能成为控制权人。本文通过研究分析,阐明享有并行使控制权的主体不一定是卖方,而可以是提单持有人、托运人、收货人等主体。与此同时,控制权人也可以将该权利转让给其他人。
As an important system of transport law, the system of control rights plays a significant role in promoting the smooth progress of international trade, ensuring transaction security and balancing trade relations. The law of maritime transport stipulates that the “right of control” can better balance the interests of all parties concerned than the “stoppage of shipping rights” in the area of goods trade law, which is a more effective remedy right. However, in practice, it is more complicated to determine the subject that enjoys the power of control. In this paper, the main body of the exercise of control of maritime cargoes under international trade in goods is deeply studied and discussed. Due to the particularity of the carriage of goods by sea, the third party such as the consignee, the consignor under the FOB sales contract and the holder of the B / L will usually be involved in the process of carrying out the contract of carriage. The maritime laws and transport laws of each country usually give them transportation Some of the rights and obligations of the contract are a breakthrough in the principle of the relativity of contracts, and they are also likely to become the controlling persons. Through research and analysis, this paper shows that the subject that enjoys and exercises control power is not necessarily the seller, but may be the main body of bill of lading holder, consignor, consignee and so on. In the meantime, the controlling owner may also transfer the right to others.