记名提单仍不可无单放货——以提单物权凭证属性为视角

Carriers Still Can Not Release Goods Without Original Bill of Lading——In the Case of Straight Bill of Lading

国际贸易中,常出现承运人无单放货现象,尤其是在记名提单项下,记名收货人是否仍须凭正本提单才能提货,凭单放货这一海运基本原则在记名提单的情况下是否可以被突破,各国(地区)立法不尽相同,学界也存有争议。问题的症结在于如何理解提单的物权凭证性质。文章以提单物权凭证属性为论证中心,通过对我国相关法律的分析解读,结合提单在国际贸易中的作用,并将记名提单与海运单进行比较,得出承运人在记名提单项下仍不可无单放货。

In international trade,there is often a phenomenon that carriers release goods without original bill of lading,especially happens under the condition of straight bill of lading.The legislation of countries is various about whether the named consignees still have to rely on the original bill of lading to take goods,and whether the basic maritime principle of the releasing goods with production of bill can be broken in the case of the straight bill of lading.What is more,this is also controversy in the academic circles.The crux of the problem lies in how to understand the document of title to the goods of bill of lading.This paper takes the attribute of document of title to the goods of bill of lading as the center of the argument.Moreover,through analysis and interpretation of the relevant laws in our country,it combines with the role of bill of lading in international trade,compares the straight bill of lading with the sea waybill,and concludes that the carriers can still not release goods without original bill of lading in the case of straight bill of lading.