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探讨了中国《海商法》第50条第4款中规定的认为货物灭失行为的法律效果,并分析了谁是“有权对货物灭失提出赔偿请求的人”。在此基础上,提出了货物被认为灭失后其所有权转归承运人所有,而所有权的转移是通过强制缔约的方式进行的,同时对被认为灭失的货物被运到目的地后如何处理提出了意见。
It explored the legal effect of the alleged loss of goods stipulated in Article 50, paragraph 4, of the Maritime Code of China and analyzed who was “the person entitled to claim for compensation for the loss of cargo”. On this basis, it is proposed that the ownership of the goods after the loss of ownership is transferred to the carrier and the transfer of ownership is carried out by way of compulsory contracting, and at the same time, the handling of the goods deemed to be lost after their arrival at the destination is proposed opinion.