申論題

題目五： 請將下列內容翻譯為中文：【25 分】 United Nations Convention of Contracts for the International Carriage of Goods Wholly or Partly by Sea Article 37 Identity of the Carriers If no person is identified in the contract particulars as the carrier as required pursuant to article 36, subparagraph 2(b), but the contract particulars indicate that the goods have been loaded on board a named ship, the registered owner of that ship is presumed to be the carrier, unless it proves that the ship was under a bareboat charter at the time of the carriage and it identifies this bareboat charterer and indicates its address, in which case this bareboat charterer is presumed to be the carrier. Alternatively, the registered owner may rebut the presumption of being the carrier by identifying the carrier and indicating its address. The bareboat charterer may rebut any presumption of being the carrier in the same manner.