无单放货的法律责任竞合

The Question of Liability Coincidence of the Delivery of Goods without Presentation of the Original Bills of Loding

无单放货的法律责任性质是海商法理论和实践中争议较多的一个问题,目前主要存在“违约说”、“侵权说”和 “竞合说”三种观点。从提单的本质属性来看,无单放货的法律责任是违约责任和侵权责任的竞合。

In the theory and practice of maritime law, there is much dispute over the question of the delivery of goods without presentation of the original bills of liding, especially the nature of its legal lisbility. At present there are 3 theries, which are'the theory of tort', 'the theory of breach of contracts', and 'the theory of liability coincidence' . From the essence of bills of loding, its legal responsibility should be the coincidence of 'breach of contracts' and'tortious liability'.