论无单放货引起提单物权性的争论

A review on the controversy about character of right in rem of bill of lading from theaspect of delivery of cargo without produce of bill of lading

介绍了司法实践中关于无单放货的定性的发展历程以及当前关于提单物权性的不同观点,用间接占有的理论对提单的物权属性进行诠释,进而提出间接提单功能的阶段论说。最后运用间接占有的理论对无单放货的性质进行解释。

By introducing the development of the legal character of the delivery of goods without production of bill of lading in Chinese jurisdiction practice as well as the currently different views of point in respect of the character of right in rem, this paper has analyzed the issue of function of bill of lading from the aspect of theory of right of indirect possession, and consequently aims to establish the doctrine that “the function of bill of lading shall vary from different area where it exists'. This paper also looks at the legal character of delivery of goods without production of bill of lading on the basis of the theory of right of indirect possession.