海运提单批注的法律透视

A Brief Introduction to the Legal Analysis of Remarks on B/L

本文从海商法的基本原理出发,对提单批注的依据、形态、认定以及用保函换清洁提单等问题提出了一些新的观点.文章论述了提单批注的法规、合同和事实依据,承运人批注提单是与收受货物过程同步的动态过程,认定不清洁提单,必须把握“清洁”的法律意义,具体分析保函,确认善意保函的法律地位和效力.

According to the principles of maritime law, this article presents some fresh viewpoints on foundations.forms,and cognizance of remarks on B/L,and on obtaining a clean B/L against a letter of indemnity. It discusses regulations. contracts and facts on which the B/Ls are being made,and suggests that the carriers' remarks on B/L must be considered to be in the synchronous and dynamic process with the receiving of cargoes. It proposes that.to judge a foul B/L from a clean one,we should master the legal meaning of the word 'clean'iand also suggests that,upon the concrete analysis of letter of indemnity .the legal status effects of a letter of indemnity in good faith should be accepted.