外汇核销和提单权利

Foreign exchange verification and rights of bill of lading

外汇核销是我国对出口单位实行的一项外汇管理制度,出口企业已进行外汇核销,能否作为认定已收到贸易货款的依据?即使已收到贸易货款,但仍持有正本提单,能否向承运人主张提单项下的货物权利?法院将提单项下的货物不能交付赔偿,与侵权责任中的赔偿概念相混淆,导致了货物所有权的主张必须是以损失为前提的错误法律观点。

Foreign Exchange Verification is an institution for exporters in China. Can the verification of foreign exchange be considered as the evidence of receiving the payment for goods? If the payment has been received, can someone possessing the original B/L make a claim for the goods according to the B/L to the carrier? The court's confusing the compensation for the impossibility of delivery of goods according to the B/L with the compensation for torts has caused the wrong opinion that the title of goods can only be claimed on the premise that losses are incurred.