解析海运提单中的“不知条款”-国际法学专业论文.docxVIP

3 3 1993 年施行以来就未经过修改，其对“不知条款”的规范也仅仅是照搬了 《汉堡规则》的相关条款，给了它一个可以存在的法律背景，但是规定过 于宽泛，在现实中由“不知条款”产生的纠纷日益增多，我国的立法已经不 能满足现实的需要，所以，有必要对《海商法》的相关规定进行补充和完 善。笔者建议在立法中应当对“不知条款”进行一个界定，其次，应当对 “不知条款”的效力进行明确。在相关法律法规出台之前，在航运实务中， 相关的当事人也应重视“不知条款”这一问题，以保护自己的合法权益， 促进航运业的健康发展。 结语部分总结了本文的主要观点以及在本领域的意义。 关键词：不知条款 法律性质 效力认定 立法和实践建议 PAGE PAGE 1 Abstract “Unknown Clause” is a general term. It means the words “quantity unknown”、“weight unknown”、“ said to weight”and “said to contain” or other words expressing the same meaning which the carrier may add to the Bill of Lading, if he had no reasonable means to check the number of weight or quantity of the goods, or the contents of the goods. The carrier is willing to add this clause to a bill of lading because the clause can relieve or remit his liability. More and more disputes are related with the Unknown Clause in the maritime practice. The existence of the Unknown Clause may be unfavorable to the consignee or the holder of the Bill of Lading once the weight or the content of the goods are not the same as described in the Bill of Lading. So, it is necessary to make an systematically study of this clause. There are six parts of this article: The preface mainly introduces the purpose of this article and the present research condition of the Unknown Clause. The first part of this article introduces the general problem of the Unknown Clause. Fist, the existence of the Unknown Clause is reasonable and lawful. According to the function of receipt of Bill of Lading, the carrier has the obligation to deliver goods to the consignee at the port of delivery, with the goods at the same condition as they were received by the carrier at the port of shipment. Otherwise, the carrier may be obliged to compensate the damages which the consignee suffered. However, the contents of the description of goods were provided by the consignor, which were not always exact because of varies reasons. It is unfair for the carrier to undertake a responsibility arouse from other