简论提单诉权

A Brief Discussion on Title to Sue the Carriers by Contracts of Goods by Sea

通过对比研究其他国家的提单法，认为提单诉权能够充分地保护收货人或提单持有人的权益，有效地促进提单的转让；而采取提单合同之诉、侵权之诉、提单并入条款以及默示合同，并不能完全地替代提单诉权，不利于保护收货人或提单持有人的权益．

States, By comparison of Bills of Lading Acts,that “title to sue”can fully protect the rights and interests of the receiver, or,B/L holder,and effectively promote the B/L's negotiability, and that the methods of “sue in breach of B/L contract”,“sue in tort for neglience”,“incorporation clause”and “implied contract”can not wholly replace “title to sue the carriers by contracts of goods by sea”and,moreover,can not be benefical to the receiver or, B/L holder; suggests that China's legislative body improve and perfect the relevant laws by drawing useful lessons from legislative experience of other countries.