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无单放货行为一方面违反了既定的法律规则,一方面又得到实践的反复确认,这构成了承运人履行交付义务时最大的法律难题。《鹿特丹规则》对此的回应,是取消了一部分凭单交货的义务,承运人被明确免除了凭单交货的义务,同时也增加了识别收货人身份的义务,记名提单下默认为承运人无凭单交货义务。这是对航运实践的法律认可,也将对相关的法律制度形成冲击。
On the one hand, the act of delivery of goods without a bill of lading violates the established rules of law and on the other hand it is repeatedly confirmed by practice, which constitutes the biggest legal challenge for the carrier in fulfilling its obligation of delivery. The Rotterdam Rules responded by canceling a portion of the obligation to deliver vouchers and the carrier was expressly exempt from the obligation to deliver the vouchers and at the same time increased the obligation to identify the consignees by default under the bill of lading as carrier No voucher delivery obligation. This is a legal recognition of shipping practices and will also have an impact on the relevant legal system.