倒签提单行为的法律性质及法律责任新探

A Study on the Legal Nature and Responsibility of Anti-dated B/L Operation

倒签的提单仍然是有效的运输合同证明和物权凭证;倒签提单的行为是违约行为与侵权行为的竞合;收货人就承运人倒签提单的行为可在违约之责与侵权之责中,权衡利弊,二者择其一,更好地维护自身合法权益。

Anti - dated B/L will remain in force as transport contract and document of title to the goods; Operation of anti - dated B/ L is the concurrence of breach and infringement; towards the carrier＇s operation of anti- dated B/L, consignee can weigh the advantages and disadvantages of affixing the responsibility for breach and infringement, and ascertain either of the two to better protect legitimate rights and interests of its own.