记名提单托运人货物控制权与收货人提货权研究

Research on shipper's right of control of goods and consignee's right of delivery of goods under the straight bill of lading

记名提单作为提单的一种,在海上货物运输环节具有至关重要的功能和作用。从记名提单托运人货物控制权与收货人提货权这一新视角切入,在中国海上货物运输法律框架下,解读相关法律要素,还原记名提单应有的法定特征及功能,得出记名提单承运人需凭正本记名提单放货的结论。

Straight bill of lading is a special category of bill of lading and plays an essential role in carriage of goods by sea. This paper, starts with a new perspective of shipper＇ s right of control of goods and consignee＇ s right of delivery of goods un- der the straight bill of lading, interpretes the legal elements of straight bill of lading, accurately reflects the legal character, nature and functions of straight bill of lading within the framework of Chinese transport law. It is concluded that the carrier under straight bill of lading should undertake to deliver the goods against surrender of original straight bill of lading in accord- ance with Chinese law and judicial practice.