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一、引言作为海上货物运输和国际货物贸易重要单证的提单,其法律性质一直为学界所关注,从最初的物权凭证到现在的有价证券,对提单法律性质的研究与探讨愈来愈深入,愈来愈接近提单的本质。提单是有价证券的一种,现已基本达成共识。但是,对提单证券陛质的进一步考察,提单是设权证券还是证权证券,是有因证券还是无因证券,却争议颇大,观点不一。多数学者认为提单是有因证券。认为提
I. Introduction As the bill of lading for the important documents of maritime trucking and international trade in goods, its legal nature has always been the concern of academics. From the initial proof of ownership to the current securities, the research on the legal nature of bill of lading In-depth, closer to the essence of the bill of lading. Bill of lading is a kind of securities, has basically reached a consensus. However, further examination of the quality of bill of lading securities, whether the bill of lading is to set up securities or securities, is due to securities or security securities, but a lot of controversy, different views. Most scholars think the bill of lading is due to securities. Think of mention