记名提单若干法律问题研究

Study on the legal problems of straight bill of lading

论述了提单包括记名提单不是“物权凭证”而是“权利凭证”,无论采用哪种法律解释,中国《海商法》下记名提单都应理解为凭单放货,同时对记名提单与海运单的异同作了分析。

This paper holds that the bill of lading is the document of title. Nevertheless the so-called proposition itself is not so accurate or logical. Therefore it will be meaningless if still discussing whether or not the straight B/L is the document of title. It emphasizes that, both from the points of view of the standing laws and the theoretical researches, the Carrier is still obliged to delivery the cargoes against the production of original B/L even under the condition of the straight B/L. It analyses some differences between the straight B/L and the Seaway Bill by comparison.