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提单的功能从最初的运输阶段扩展到买卖和结算阶段后,提单就逐步跨越收据而成为运输合同的证明和物权凭证,这样提单就具有了可转让性。提单的转让必然会引起提单当事人的变更,这样就和运输合同的当事人发生了一定的重合与冲突。正确认定提单当事人和运输合同当事人是理清当事人间的法律关系确认其权利义务的前提,本文拟从提单与运输合同的关系着手,分别比较承运人、托运人和提单持有人的概念,以揭示提单当事人和货物运输合同当事人的区别和联系。
After the function of the bill of lading is extended from the initial transportation stage to the trading and settlement stage, the bill of lading gradually becomes the certificate of contract and the title document of the contract of carriage across the receipt so that the bill of lading is transferable. The transfer of bill of lading will inevitably lead to changes in the parties to the bill of lading, so that the parties to the contract of carriage have a certain overlap and conflict. Correctly identify the parties to the bill of lading and the parties to the contract of carriage is to clarify the legal relationship between the parties to confirm their rights and obligations, the premise of this paper from the relationship between the bill of lading and transport contracts, respectively, carrier, shipper and bill of lading holder, Reveal the difference between the parties to the bill of lading and the parties to the contract of carriage of goods and contacts.