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记名提单是否必须凭单放货的问题在国内争论已久,主要是由于《海商法》中对记名提单的规定不够明确。《海商法》第71条规定“记名提单不得转让”,因此一种观点认为记名提单不是物权凭证,承运人不必凭单放货;同时,《海商法》第79条又规定“提单是承运人保证据以交付货物的单证”
The issue of whether a bill of lading must be placed in vouchers must have been debated in the country for a long time mainly because the provisions of the Maritime Law of the People’s Republic of China on bills of lading were not sufficiently clear. Article 71 of the Maritime Code stipulates that “a registered bill of lading shall not be transferred”. Therefore, one view holds that a registered bill of lading is not a document of title and that the carrier does not have to place a bill of lading. Article 79 of the Maritime Law also stipulates that “the bill of lading is the carrier Evidence to deliver the goods documents ”