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提单(BillofLoading),是海上运输发展到一定历史阶段的产物,是海上货物运输特有的重要运输单证,具有一般物权凭证和运输单证的特点,也有其特殊属性和发展规律。学术界在讨论提单的法律性质时普遍使用的物权凭证这一概念,其实仅仅表彰其项下货物的占有权。而且只通过转让提单就导致货物所有权转移的做法也不符合大陆法系民法中所有权转移的基本规则。事实上海上运输只是履行合同完成交付的手段。货物所有权何时转移并不是它应该关注得问题,也是它所无法决定的。只是由于海运的特殊性,一般情况下时间较为漫长,且货物在很长的时间内都不在所有权人的控制之下,也就产生了用提单代表其项下货物的需要。提单所代表仅为货物的占有权而非所有权,转让提单是否发生货物所有权的转移主要取决于所有权人和受让人之间的合意。
Bills of lading (BillofLoading) is a product of the development of maritime transport to a certain historical stage. It is an important transport document unique to the carriage of goods by sea. It has the characteristics of common real right vouchers and transport documents as well as its special attributes and laws of development. The notion of real right vouchers, commonly used by academics in discussing the legal nature of bills of lading, in fact only commends the possession of the goods under them. Moreover, the transfer of ownership of goods solely through the transfer of bills of lading also does not comply with the basic rules of transfer of ownership in civil law of the civil law system. In fact, maritime transport is only a means of fulfilling the delivery of the contract. When the transfer of ownership of goods is not something that it should pay attention to, it is impossible for it to decide. Only because of the special nature of the seaborne transport, under normal circumstances, the time is relatively long and the goods are not under the control of the owner for a long time, thus creating a need to represent the goods under the bill of lading. The bill of lading represents only the ownership of the goods but not the ownership, and the transfer of ownership of the goods in the bill of lading depends mainly on the agreement between the owner and the assignee.