承运人在海运提单项下的到货通知义务

首先从合同义务来源的角度分析了承运人在提单项下承担到货通知义务的法律依据,并对提单中通知条款的效力进行探讨;进而结合有关国内法和CMI运输法草案的规定分析了通知义务的履行和有关通知的责任问题,并分析了其与提货义务的关系。

On carrier's obligation to give notice of arrival of goods under an ocean bill of lading

This article firstly analyzes the legal basis for the carrier to bear the obligation to give notice of arrival of goods under the bill of lading based on the theory about the origin of contractual obligations, and discusses the validity of the Notification Clause in the B/L. Consequently, with comments on CMI instruments and the internal rules, the article makes discussions on the relevant issues about the performance and the liability with respect to this obligation, as well as its relation with consignee's liability for taking delivery of goods.