试论海上货物运输中“货物收据”的法律性质

• 作 者: 薛介年
• 机 构: 上海海事法院研究室
• 出 处: 中国海商法年刊
• 发表日期: 1998年00期
• 关键词: 海上货物运输 托运人 交付货物 物权凭证 债权关系 《海商法》 履行合同义务 载货证券 民法通则 汉堡规则

Cargo Receipt“ is a fresh subject that has caused wide disputein maritime trials. The article by quoting a typical case concernedwith cargo receipt dispute and arguing from the point of legal basis,and of cargo receipt’s ob1igatory right and its applicable condition,demonstrates that cargo receipt is a prima facie evidence of both theexecution of maritime transport contract and the receipt of goods onthe carrier’s part. The article therefore specifies the legal nature ofthe cargo receipt. Meanwhi1e, this article draws further distinctionbetween cargo receipt, bill of lad1ng and mate’s receipt. The articleis quite original in the view about cargo receipt, a subject in thefrontier of maritime trials and calls for further discussions amongexperts.

Cargo Receipt ”is a fresh subject that has caused wide disparity in maritime trials. The article by quoting a typical case concerned with cargo dispute dispute and arguing from the point of legal basis, and of cargo discount’s obiigatory right and its applicable condition, demonstrates that cargo receipt is a prima facie evidence of both the execution of maritime transport contract and the receipt of goods on the carrier’s part. The articleis quite original in the view about cargo receipt, a subject in thefrontier of maritime trials and calls for further discussions amongexperts.