Breakthrough in the Relativity of Traditional Contract Subjects: The Case of the International Contract for the Carriage of Goods

The contract of carriage of goods is a typical agreement commonly encountered in both domestic and international trade. Relevant legislation pertaining to this matter can be found dispersed across civil codes, commercial codes, and specialized transport laws in various countries. According to the relativity of traditional contracts, the contracts are only binding on the contracting parties. However, with the development of the economy and the sophistication of the social division of labor, the behavior of goods transportation often involves the interests of third parties other than the contractual counterparts. Hence, the practice has required the breakthrough of the relativity of the contract of carriage of goods. From the views of the subjects, the groups of the shipper, the carrier, and the consignee have emerged. This paper studies the above three subjects, from the perspective of comparative law to recognize the legal phenomenon of the breakthrough in the relativity of the subject of the contract of carriage of goods.