摘要
海上货物运输合同下的货物控制权常为合同的第三人所享有,FOB合同下卖方的权益因其货物控制权人的地位而得到保护。第三人在海上货物运输合同领域中的货物控制权以其在国际货物买卖领域内的对货物间接占有的权利为基础,由此可解决当提单已为买方占有时,卖方是否仍然可以行使货物控制权以完成其中途停运权的问题。第三人所享有的货物控制权较之其以往在海上货物运输合同这一为第三人利益合同下作为第三人所享有的其他权利更为广泛与深入,从而构成对合同相对性原则的又一突破。
It is a third party rather than the contractual parties who often has the fight to control goods carried by sea. Under an FOB contract, a seller＇ s interest may be protected by way of insertion of a controller of the goods in transit. The third party＇ s fight to control in the carriage of goods by sea is based on his/her indirect right to possession of goods in international trade. Thus the problem can be solved that when the bill of lading has been released to the buyer, whether the seller can still exercise his fight to control the cargo, or stop the carriage in transit. The third party＇ s fight to control is more comprehensive than other rights that he/she enjoys under the contract of carriage of goods by sea that is made purposely for the interests of the third person, which can be deemed as another breakthrough of the principle of contractual relativity.
出处
《西南政法大学学报》
2005年第6期112-116,共5页
Journal of Southwest University of Political Science and Law
