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《铁路法》第11条规定:“铁路运输合同是明确铁路运输企业与旅客、托运人之间权利义务关系的协议。旅客车票、行李包裹和货物运单是合同或者合同的组成部分。”由此,铁路货物运输合同是铁路运输企业与托运人之间就运输货物达成的明确双方权利义务关系的协议。铁路货物运输合同涉及到两方当事人,即承运人和托运人或收货人。承运人必然是铁路运输企业,这里的铁路包括国家铁路、地方铁路、专用铁路和铁路专用线。托运人可以是收货人,也可以指定他人为收货人。一、关于铁路货物运输合同中赔偿请求权的主体问题铁路货物运输合同中,损害赔偿请求权的主体只能是托运人或者收货人。在承运人签发了提单的情形下,提单持有人享有损害赔偿请求权。因为提单持有人在本质上可视为收货人,所以他的请求权仍然可以视为收货人的请求权。
Article 11 of the “Railway Law” stipulates: “The contract of railway transportation is an agreement that clarifies the rights and obligations between the railway transport enterprises and the passengers and shippers. Passenger tickets, baggage parcels and freight bills of lading are part of the contract or contract.” " As a result, the agreement on the carriage of goods by rail is an agreement on the rights and obligations between the railway transport enterprises and the shippers on the transport of goods. The contract of carriage of goods by rail involves two parties, the carrier and the shipper or the consignee. The carrier must be a railway transport company, where the railways include national railways, local railways, special railways and railway lines. The shipper can be the consignee, you can also designate others as the consignee. First, the subject of the subject of compensation claims in the contract of carriage of goods by railway In the contract of carriage of goods by railway, the subject of the claim for damages can only be the shipper or the consignee. In the case of a bill of lading issued by the carrier, the holder of the bill of lading has the right to claim damages. Since the holder of the bill of lading can be regarded as the consignee in essence, his claim can still be regarded as the consignee’s claim.