作为海上货物运输合同证明之提单的功能异化

Variation in the Function of Bill of Lading as Evidence of Contract of Carriage of Goods by Sea

航运经济基础的变化和合同概念的历史变迁等诸多因素使然,作为一种为立法所明确的功能,提单是海上货物运输合同的证明这一功能正在得到修正。在特定的条件下,提单就是海上货物运输合同。这就是提单的功能异化。这必然促使我国现行立法关于提单功能的界定发生变化。

The legal function that a bill of lading is a document which serves as an evidence of the contract of carriage of goods by sea, has been revised because of the changes from the shipping economical basis and contractual conception in view of history. This is so-called variation of legal function of a bill of lading. The strengthening legal function of bill of lading has spurred the changes and revisions concerning the provisions of bill of lading law now in force in China.