The subject of the contract of carriage of goods:
The main body of the contract of carriage of goods is the shipper and the carrier.
1. A shipper is a person who consigns goods to a carrier for transportation, including natural persons, legal persons and other organizations. The shipper may or may not be the owner of the goods.
2. The carrier is a person who transports goods, mostly a legal person, or a natural person or other organization. The carrier shall be liable for the damage or loss of the goods during transportation. However, the carrier shall not be liable for damages if it proves that the damage or loss of the goods is caused by force majeure, the natural nature or reasonable wear and tear of the goods themselves and the fault of the shipper or consignee.
The way to terminate the contract is as follows:
The first is the dissolution of the agreement, which means that after the contract is effectively established, but before it is performed or not fully performed, when the agreed conditions for dissolution are met, the contractual relationship is eliminated retroactively because of the intention of the party who has the right to dissolve it.
Such rescission should be based on the conditions stipulated in the contract. This is actually another embodiment of the principle of autonomy of will in the issue of contract termination. It should be said that the first of these three kinds of rescission is not caused by the exercise of the real right to terminate the contract, and the rescission in the latter two cases can be called real rescission, and its rescission right belongs to the right of formation.
The second is legal dissolution, which means that after the contract is effectively established, but before it is performed or not fully performed, when the legal conditions for dissolution are met, the contractual relationship is eliminated retroactively because of the intention of the party entitled to dissolution.
Legal basis:
Article 809 of the Civil Code of People's Republic of China (PRC)
A contract of carriage is a contract in which the carrier transports passengers or goods from the place of departure to the agreed place, and the passenger, shipper or consignee pays the fare or transportation expenses.
Article 825th of the Civil Code of People's Republic of China (PRC)
When handling the transportation of goods, the shipper shall accurately indicate to the carrier the name of the consignee or instructed consignee, the name, nature, weight, quantity, receiving place and other necessary information about transportation.
If the shipper makes false declaration or omits important information, thus causing losses to the carrier, the shipper shall be liable for compensation.
Article 464 of the Civil Code of People's Republic of China (PRC)
A contract is an agreement between civil subjects to establish, change and terminate a civil legal relationship. Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature.