试论提单以占有权为内容的物权属性

On the nature of the bill of lading with the right of possession

文章重点对流传最广的提单代表货物所有权的观点进行了评析,提出提单的物权性是提单的主要特征之一,正是由于提单具有物权效力,使提单在国际贸易中扮演着独特的角色。在分析提单物权性的基础上,试图得出提单代表的物权是指提单持有人对提单项下货物的占有权的结论。

The article analyzes stressfully upon the most popular notion that bill of lading represents the right of possession. It puts forward that the nature of possession right of the bill of landing is one of its main characteristics. Just because of this validity, the bill of lading plays a particular role in the international trade. Based upon the analysis, the author tries to draw the conclusion that the possession right, represented by the bill of lading, means the owner of the bill has the possession of its listed goods.