《鹿特丹规则》对承运人“凭单放货”义务重大变革之反思——交易便利与交易安全的对弈

Reflections on the Major Reform of the Carrier's Obligation of "Delivery of Goods with Production of B/L" in the Rotterdam Rules

出于交易便利的考虑,实践中无单放货问题日渐凸显,危及了交易安全。为了解决此难题,《鹿特丹规则》对承运人"凭单放货"义务进行了重大变革。但相关制度设计并未实现便利交易的目标,同时削弱了交易的安全性。中国应在兼顾交易便利与安全的基础上对可转让提单坚持凭单放货,同时允许承运人在记名提单下有条件地无单放货,把大力发展电子单证作为解决无单放货难题的出路。中国对加入公约应持审慎态度。

To facilitate the transaction, becomes increasingly prominent, which has the Rotterdam Rules reform on the carrier＇ the problem of delivery of goods without production of B/L endangered the safety of transaction. To solve this problem, s obligation of ＂delivery of goods with production of B/L＂. However, the relative systems have not fulfilled the purpose of facilitating the transaction but weakened the safety of transaction. Having regarded to both the convenience and the safety of transaction, China should resist in delivering goods with production of negotiable B/L and permit the carrier to deliver goods without production of straight B/L under cretin restrictions, and propel the electronic B/L forward to solve the problem of delivery of goods without production of B/L. We should take a cautious attitude to acceding to the Rotterdam Rules.