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臺(tái)港法律提單持有人與運(yùn)送人間的契約關(guān)系(參考版)

2025-06-29 14:56本頁(yè)面
  

【正文】 or(c) the doing of anything else in relation to such a document.(2) Regulations under subsection (1) may(a) make such modifications as the Secretary for Commerce and Industry considers appropriate in connection with the application of this Ordinance to any case mentioned in that subsection。 . 173 of 2000)(a) the issue of a document to which this Ordinance applies。s delivery order relates form a part only of the goods to which the contract of carriage relates, the liabilities to which any person is subject by virtue of the operation of this section in relation to that order shall exclude liabilities in respect of any goods to which the order does not relate.(3) This section, so far as it imposes liabilities under any contract on any person, shall be without prejudice to the liabilities under the contract of any person as an original party to the contract.Section 6 Representations in bills of lading A bill of lading which(a) represents goods to have been shipped on board a vessel or to have been received for shipment on board a vessel。(b) makes a claim under the contract of carriage against the carrier in respect of any of those goods。s having been an original party to the contract contained in, or evidenced by, a sea waybill and, in relation to a ship39。s having been an original party to the contract of carriage。 and(b) where the goods to which the order relates form a part only of the goods to which the contract of carriage relates, shall be confined to rights in respect of the goods to which the order relates.(4) Where, in the case of any document to which this Ordinance applies(a) a person with any interest or right in or in relation to goods to which the document relates sustains loss or damage in consequence of a breach of the contract of carriage。 or(b) as a result of the rejection to that person by another person of goods or documents delivered to the other person in pursuance of any such arrangements.(3) The rights vested in any person by virtue of the operation of subsection (1) in relation to a ship39。 or(c) bees the person to whom delivery of goods to which a ship39。 and(b) by the carrier to a person identified in the document that he will deliver the goods to which the document relates to that person.Section 4 Rights under shipping documents (1) Subject to this section, a person who(a) bees the lawful holder of a bill of lading。 and(b) identifies the person to whom delivery of the goods is to be made by the carrier in accordance with that contract.(4) References in this Ordinance to a ship39。s delivery orders.(2) References in this Ordinance to a bill of lading do not include references to a document which is incapable of transfer either by endorsement or, as a bearer bill, by delivery without endorsement。(b) sea waybills。s identifying a person shall be construed accordingly.(4) Without prejudice to sections 4(2) and 6, nothing in this Ordinance shall preclude its operation in relation to a case where the goods to which a document relates(a) cease to exist after the issue of the document。s being identified in a document include references to his being identified by a description which allows for the identity of the person in question to be varied, in accordance with the terms of the document, after its issue。(b) a person with possession of the bill as a result of the pletion, by delivery of the bill, of any endorsement of the bill or, in the case of a bearer bill, of any other transfer of the bill。(c) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images。telemunications system (電訊系統(tǒng)) means a system for the conveyance, through the agency of electric, magnetic, electromagnetic, electrochemical or electromechanical energy, of (Amended 36 of 2000 s. 28)(a) speech, music and other sounds。holder (持有人), in relation to a bill of lading, shall be construed in accordance with subsection (2)。 and(b) in relation to a ship39。s delivery order (船舶交貨單) shall be construed in accordance with section 3。因此,臺(tái)灣的相關(guān)法律規(guī)定應(yīng)以較詳細(xì)的方式立法,盡量包括各種已知的情況,使各種紛爭(zhēng)均能有明確的法律依據(jù)。其次,香港的法律規(guī)定比較詳細(xì),且普通法法制重視判例,與日俱增的案例,更可使許多紛爭(zhēng)有較明確的答案。香港則以單行法形式處理,相關(guān)法律比較明確。結(jié)論提單持有人與運(yùn)送人的法律關(guān)係,乃海運(yùn)契約所產(chǎn)生的一種常態(tài)問(wèn)題,臺(tái)灣及香港均以立法的形式規(guī)範(fàn)該法律關(guān)係,但兩地具體的處理方式不同。(二)不在貨物目的港交付時(shí):請(qǐng)求交付貨物,不在貨物目的港時(shí),運(yùn)送人或船長(zhǎng)非接受載貨證券之全數(shù),不得為貨物之交付(第五十八條第一項(xiàng)後段)。4. 載貨證券之持有人有二人以上,而運(yùn)送人或船長(zhǎng)尚未交付貨物者,其持有先受發(fā)送或交付之證券者,得先於他持有人行使其權(quán)利。(第五十八條第二項(xiàng))。(第五十八條第一項(xiàng)前段)。(票據(jù)法第十四條參照)。(三)轉(zhuǎn)讓方法:海商法第六十條準(zhǔn)用民法第六二八條規(guī)定,得以背書(shū)之方法,背書(shū)於載貨證券上轉(zhuǎn)讓之。(二)載貨證券移轉(zhuǎn)之效力 海商法第六十條準(zhǔn)用民法第六二九條規(guī)定「交付載貨證券於有受領(lǐng)貨物權(quán)利之人時(shí),其交付就貨物所有權(quán)移轉(zhuǎn)之
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