论文部分内容阅读
【裁判要旨】双方当事人的本意是订立货运代理合同,但货运代理人在接受委托后,却以自己为承运人与委托人订立海上货物运输合同,该行为已构成自己代理。但鉴于本案货物运输为运费到付,并未加重委托人的负担,且货物实际上已经按照委托人的要求运抵目的港,货运代理人以自己代理的方式完成了海上货物运输合同项下的义务,该行为仍可认定为有效,委托人无权以欺诈为由撤销海上货物运输合同。
The purpose of the referee The intention of both parties is to enter into a freight forwarding contract, but after the freight forwarders accepted the commission, but as the carrier and the client to enter into a contract of carriage of goods by sea, the act has constituted its own agent. However, in view of the fact that the goods are transported by freight and did not increase the burden on the principal and the goods have actually arrived at the port of destination according to the requirements of the principal, the freight forwarders completed the contract of carriage by sea under their own behalf Obligations, the act can still be identified as valid, the client has no right to revocation of the contract of carriage of goods by sea.