论提单所证明之海上货物运输合同的性质——兼论提单对第三人的效力

On the Characteristics of the Contracts of Carriage of Goods by Sea Evidenced by B/L——Also on the Effect of B/L to Third Parties

本文主张提单所证明的海上货物运输合同具有“为第三人利益”订立的合同的性质 ;并认为此种定性能够符合国际贸易、航运惯例、当事人意图及现行法律规定 ,而且 ,还可以合理解释收货人或提单持有人权利和义务的根据 。

This paper holds that the contracts of carriage of goods by sea evidenced by B/L. has the characteristic of concluding the contract for third parties' interests, and gives a detailed analysis of the reasons why it is so natured. The paper holds that such characteristic natured by us not only complies with international trade, shipping practice, the parties' intentions and the provisions of the existing laws, but also can reasonably explain the basis of the rights and duties of the consignees and the holders of B/L, and the assignment of the rights and duties of the B/L relations provided by the existing laws.