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提单发展到今天己经成为在国际贸易买卖、运输、结算的整个过程中都起着积极作用的单据。本文指出也正是通过凭正本提单议付结汇和提取货物,才使整个国际经济贸易既具有安全性又具有效率性。而无单放货使正本提单持有人的合法利益遭受了损失,破坏了提单的信用机制。文中认为提单的物权性对无单放货法律性质究为侵权还是违约有着重大影响。
The development of bill of lading today has become the international trade in the sale, transportation, settlement of the entire process has played a positive role in the document. This paper points out that it is just by negotiating with the original bill of lading to settle foreign exchange and withdraw the goods that the entire international economy and trade is both safe and efficient. However, the loss of the legitimate interests of the holder of the original bill of lading without the delivery of the bill of lading has undermined the credit mechanism of the bill of lading. In the article, it is considered that the property right of bill of lading has a significant impact on the legal nature of the non-receipt and delivery of goods due to infringement or default.