论提单的法律适用

The Applicable Law for B/L

由于国内提单法律制度的滞后及国际提单法的欠缺,提单法律适用问题不仅实务上鲜有规定,理论上也颇为混乱。提单法律冲突面临的困境与争议是对提单法律适用规则的将来发展进行预测。将提单法律适用与运输合同法律适用区分开来,从提单的证券性质出发,类比于票据的法律适用。并采用分割法,对提单行为、提单当事人、提单债权关系、提单物权关系法律适用方法分别进行论述并提出新的见解。

Because the lag of the national B/L legislation and the deficiency of international B/L rules, the applicable law for B/L is not only none provided in practice but also very confused in theory. The predicament and controversy in the conflicts of B/L rules is to predict the development of the applicable law for B/L. This thesis distinguishes the applicable law for B/L and for the shipping contracts, and starts from the B/L抯 nature of security with the analogy of applicable law for bill. It will also discuss the action, the parties, the obligatory relations and property relations of B/L and try to put forward opinion for this issue.