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无单放货顾名思义即承运人在未收回正本提单的情况下将货物放行。提单是海上货物运输合同的证明,是物权凭证,也是《海商法》明确规定的承运人据以交付的单证。承运人放行货物却未收回正本提单,往往会造成实际权利人的损失。根据相关法律及司法解释的规定,承运人应当对无单放货的行为承担赔偿责任且无法享受《海商法》中关于责任限额的规定。然而权利人在通过诉讼途径向承运人索赔时有些问题需要注意,本文即对这方面的问题作一些提示。
As the name suggests, the carrier releases the goods without recovering the original bill of lading. B / L is the proof of the contract of carriage of goods by sea, is a document of title and is also the document on which the carrier according to the Maritime Code clearly stipulates delivery. The carrier released the goods but did not recover the original bill of lading, often result in the loss of the actual owner. According to relevant laws and judicial interpretations, the carrier should bear the liability for compensation for the act of releasing goods without a single order and can not enjoy the provisions in the Maritime Law concerning the limits of liability. However, when claiming the carrier through the lawsuit by the obligee, some problems need attention. This article will give some hints on this issue.