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无单放货指承运人或其他人在提货人没有交付正本提单时就交付货物的行为,是当代航运中经常出现的状况。随着现代海运技术的不断发展,国际贸易所需求的高速流转,承运人未凭正本提单即将货物交给他人的情形愈演愈烈。无单放货不仅反映承运人违反了提单所体现的运输合同义务,也侵犯了正本提单持有人对货物的所有权,因此承运人在无单放货的情形里该怎样承担责任、举证责任如何分配也十分重要。
Delivery without a single delivery means that the carrier or other person delivers the goods when the delivery person does not deliver the original bill of lading, which is a condition often found in contemporary shipping. With the continuous development of modern shipping technology and the rapid transfer of demand for international trade, the situation that the carrier does not hand over the goods to others with the original bill of lading has become increasingly fierce. The release of goods without the bill of lading not only reflects that the carrier violated the contract of carriage of the contract of carriage embodied in the bill of lading but also violated the original ownership of the goods by the holder of the bill of lading. Therefore, how should the carrier assume the responsibility in the case of delivery without the bill of lading? Distribution is also very important.