浅析提单的首要条款

首要条款形式上与法律选择条款,都选择了某一法律解决纠纷,但两者有本质的区别,首要条款是提单上一条具有实体内容的条款,其特殊性在于相对提单其他条款而言,它是至高的,与之相抵触者无效。分析了订立首要条款的初衷,首要条款的性质和效力,同时也就指明受“海牙规则”约束的首要条款在我国的适用问题。

On Paramount Clause of Bill of Lading

Literally, paramount clause and choice of law clause regulate the same thing that certain countrys law or certain international convention is selected to solve the disputes. However, both of them have the rooted differences. This paper puts forward that paramount clause should be considered as the special term with the substantial content. Its specialty is paramount comparative to the other terms on bill of lading. It gives the detailed explanation on the above and also talks about the application in China of the paramount clause with the Hague Rule.