论运输证券

Probe on the transporting securities

论述了提单的法律性质,分析了关于提单性质的各种学说。认为提单作为证明运输货物交付请求权的有价证券,具有要因、要式、文义、指示、回赎、交付、处分证券的性质,同时提单也具有物权的效力。

This paper conducts study on the nature of bill of lading, and explores the analytical theories. The author suggests that a bill of lading is one kind of marketable securities, which serves as an evidence of claim to take over carriage of goods. The essential factors of a bill of lading are causative action, formal juristic act, act on commercial paper, bill payable to order, redemption, consignment, disposition in security and a Bill of Lading has the effectiveness of title.