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CHAPTER 6 Bill of lading: Parties

Maritime Law and Practice in China

Page 66 CHAPTER 6 Bill of lading: Parties Bill of lading: Parties 6.1 The parties to the contract of carriage of goods by sea evidenced by bill of lading are the shipper and the carrier. Besides the contractual shipper and the contractual carrier, there are also the concepts of an actual shipper and an actual carrier in the CMC 1992. The actual shipper is the person other than the contractual shipper who delivers goods to the carrier for shipment. It is a term used in judicial practice, but is simply termed “shipper” in the CMC 1992. The actual carrier is defined in the CMC 1992 to be distinguished from the contractual carrier who does not actually carry the goods but has contracted with the shipper. A consignee is defined in the CMC 1992 as not a party to the contract evidenced by bill of lading, although its name may sometimes appear on the straight bill of lading. The consignee and the bill of lading holder are responsible for some obligations under the CMC 1992 or the Contract Law. The consignee and the bill of lading holder may be also affected by charterparties if they are validly incorporated into the bills of lading.

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