试论海上货物运输中“货物收据”的法律性质

On the Legal Nature of Cargo Receipt in the Carriage of Goods by Sea

Cargo Receipt" is a fresh subject that has caused wide disputein maritime trials. The article by quoting a typical case concernedwith cargo receipt dispute and arguing from the point of legal basis,and of cargo receipt’s ob1igatory right and its applicable condition,demonstrates that cargo receipt is a prima facie evidence of both theexecution of maritime transport contract and the receipt of goods onthe carrier’s part. The article therefore specifies the legal nature ofthe cargo receipt. Meanwhi1e, this article draws further distinctionbetween cargo receipt, bill of lad1ng and mate’s receipt. The articleis quite original in the view about cargo receipt, a subject in thefrontier of maritime trials and calls for further discussions amongexperts.