论提单的物权凭证  

Comments on Documents of Title on Bills of Lading

作　　者：徐新铭[1] 

机构地区：[1]中国人民保险公司浙江省分公司

出　　处：《中国海商法年刊》1994年第1期29-35,共7页Annual of China Maritime Law

摘　　要：It is well known that a bill of lading rnay serve three funtions , namely, an evidence of a contract of carriage, a receipt of goods, adocument of title. The last funtion is of great -tance which liesin its negotiability.A bill of lading ou there fore be divided into a straight bill of lading,an order bill of lading and a bearer bill of lading. A straightbill of lading is different from an order bill of lading or a bearer bill of ladtw which is not negotiable in its nature. So their legal effect and extent in regard to document of title must be different.A cather who has issued a straight bill of lading normally discharges its duty by delivering the gdris to the named consignee.The consignee doesn’t need to preduce the bill of lading or even bein possession of it. Any one holding a srtaight bill of lading otherthan the named consignee has no title to the goods.It is well known that a bill of lading rnay serve three funtions , namely, an evidence of a contract of carriage, a receipt of goods, adocument of title. The last funtion is of great -tance which liesin its negotiability.A bill of lading ou there fore be divided into a straight bill of lading,an order bill of lading and a bearer bill of lading. A straightbill of lading is different from an order bill of lading or a bearer bill of ladtw which is not negotiable in its nature. So their legal effect and extent in regard to document of title must be different.A cather who has issued a straight bill of lading normally discharges its duty by delivering the gdris to the named consignee.The consignee doesn't need to preduce the bill of lading or even bein possession of it. Any one holding a srtaight bill of lading otherthan the named consignee has no title to the goods.

关 键 词：提单 物权凭证 海商法 保函提货方式 法律效力 中国 

分 类 号：D922.294[政治法律—经济法学]