关于无单放货的立法尝试——评《UNCITRAL运输法草案》有关无单放货的规定

Legislative Attempt on Delivery of the Goods Without the Original Bill of Lading——On Issues Concerning Delivery of the Goods Without the Original Bill of Lading in the Draft of CMI Uniform Transport Code

无单放货包含许多具体的问题需要解决 ,如记名提单下存不存在无单放货问题 ,签发可转让运输单证时是否允许、在什么条件下允许承运人无单放货 ,等等。这些问题也正是联合国贸法会目前正在审议的《运输法草案》所面临和必需解决的。本文即结合草案的现有案文 。

The issue about the delivery of the goods without the original bill of lading comprises a number of particular problems, such as whether the carrier has to deliver the goods against surrendering the original bill of lading if it is a straight bill of lading (or non-negotiable transport document under the Transport Law), whether and when can the carrier to deliver the goods without the original bill of lading if a negotiable bill of lading (or negotiable transport document under the Transport Law) is issued, etc. These problems are also confronted by the Transport Law, which is now under discussion by UNCITRAL, and should be resolved to a certain extent under the Transport Law. This paper explains the contents of the related articles of the Transport Law and introduces the background of legislation. Some comments on the contents of the Transport Law are also given.