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本文比较了国际铁路货物联运中两大公约对铁路承运人交货义务之异同,针对一起经过“三审”、有争议的“无单放货”多式联运案件,阐述了国际铁路货物联运运单的法律功能;分析了国际铁路货物联运中有关公约与现行国际贸易惯例存在着的差异,导致缺乏明确划分各方风险、责任的贸易术语的原因,并提出了铁路承运人与货主应如何执行正确的交货方式以避免货物的损失和法律纠纷的建议。
This article compares the similarities and differences between the two conventions of international rail freight transport on the obligations of the railway carriers. In the light of the multi-modal transport case involving “third trial” and " The legal function of RAFBRL is analyzed. The differences between the relevant conventions and current international trade practices in the international railway freight transport are analyzed, which leads to the lack of trade terms that clearly define the risk and responsibility of all parties. The author also proposes that the relationship between the railway carrier and the owner How to implement the correct delivery method to avoid the loss of goods and legal dispute proposal.