理顺提单的性质与法律规定之间的逻辑关系

The Analysis of the Logical Relationship between B/L's Nature and Law Regulation

根据现行国际贸易理论,提单是可以转让的,记名提单是提单的一种,那么,根据三段论的推理过程,我们必然得出结论,记名提单是可以转让的。但现行理论却告诉我们记名提单不可转让。这种违犯逻辑推理的结论源于法律的强行规定。解决这一矛盾的方法有三种:或者改变三段论的大前提,即提单不一定是可转让的;或者改变三段论的小前提,即记名提单不是提单;或者改变法律规定,即记名提单可以转让。这样一来,理论与法律规定之间就取得了和协一致性。而最可行的方法应该是第二种或者第三种。

According to the current international trade theory, B/L is negotiable, and straight B/L is one kind of B/L. So we can draw the conclusion that straight B/L is negotiable, and this complies with the logic theory. But in reality, we all know that the straight B/ L is non-negotiable. In fact, this illogic phenomenon results from law＇ s toughness. In order to make the theory and the law＇ s regulation have logic, we can solve the problem in three ways： firstly, to change the current trade theory, that is to say, all B/Ls are not negotiable ; secondly, to change the trade theory too, that is, straight B/L is not one kind of the B/L; thirdly, to change the law＇ s regulation, that is, straight B/L is negotiable. In my opinion, the second way and the third way are doable.