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【裁判要旨】外贸合同与海上货物运输合同原则上相对独立,货物风险依据外贸合同转移,不影响提单记载的托运人依据海上货物运输合同关系主张货物控制权。多式联运下,托运人不能证明已申报货物价值,应当承担调整该区段运输方式有关法律规定的不利后果。
The purpose of the referee The foreign trade contract and the contract for the carriage of goods by sea are relatively independent in principle, and the risk of the goods is transferred according to the foreign trade contract, without affecting the control of the goods by the shipper according to the contract of carriage of goods by sea. Under multimodal transport, if the shipper can not prove the declared value of the goods, it shall bear the unfavorable consequences of the relevant provisions of the law governing the mode of transport in this section.