电子提单法律效力研究
发布时间：2018-11-15 09:05
【摘要】：提单在国际商事活动中发挥着重要作用。随着经济和技术水平的不断提高,国际贸易中快速化、信息化需求不断增强,传统提单的缺陷日益明显,电子提单取代传统提单成为未来发展的必然趋势。 电子提单作为区别于传统提单的新型国际贸易凭据,’其法律效力是影响和制约其自身在实践中应用普及的重要因素。鉴于此,笔者以电子提单的法律效力为核心,通过比较研究各国电子提单相关立法实践,结合当前有关电子提单的相关理论研究,指出了当前电子提单理论及实践中关于电子提单法律效力认定不足的问题,论证了电子提单的权利性质、物权和债权效力的实现、证据效力等问题,并藉此对电子提单的法律效力做了明确的界定。在文章的最后,笔者针对我国国际贸易中电子提单使用的现状,扼要分析了相关的法律问题,提出了重新构建我国电子提单法律制度的思路。
[Abstract]:Bill of lading plays an important role in international commercial activities. With the development of economy and technology, the international trade becomes more and more rapid, the demand for information is increasing, the defects of traditional bill of lading are becoming more and more obvious, and the replacement of traditional bill of lading by electronic bill of lading has become an inevitable trend in the future. Electronic bill of lading is a new kind of international trade evidence which is different from traditional bill of lading. Its legal effect is an important factor that influences and restricts the popularization of electronic bill of lading in practice. In view of this, the author takes the legal effect of electronic bill of lading as the core, through the comparative study of the relevant legislative practice of electronic bill of lading in various countries, combined with the current relevant theoretical research of electronic bill of lading. This paper points out the problems in the theory and practice of electronic bill of lading that the legal effect of electronic bill of lading is insufficient, and proves the nature of the right of electronic bill of lading, the realization of the validity of real right and creditor's right, the validity of evidence, etc. The legal effect of electronic bill of lading is clearly defined. At the end of the paper, according to the current situation of the use of electronic bill of lading in international trade in China, the author briefly analyzes the relevant legal problems, and puts forward the idea of reconstructing the legal system of electronic bill of lading in China.
【学位授予单位】：北京邮电大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.1;F740.4
本文编号：2332850
[Abstract]:Bill of lading plays an important role in international commercial activities. With the development of economy and technology, the international trade becomes more and more rapid, the demand for information is increasing, the defects of traditional bill of lading are becoming more and more obvious, and the replacement of traditional bill of lading by electronic bill of lading has become an inevitable trend in the future. Electronic bill of lading is a new kind of international trade evidence which is different from traditional bill of lading. Its legal effect is an important factor that influences and restricts the popularization of electronic bill of lading in practice. In view of this, the author takes the legal effect of electronic bill of lading as the core, through the comparative study of the relevant legislative practice of electronic bill of lading in various countries, combined with the current relevant theoretical research of electronic bill of lading. This paper points out the problems in the theory and practice of electronic bill of lading that the legal effect of electronic bill of lading is insufficient, and proves the nature of the right of electronic bill of lading, the realization of the validity of real right and creditor's right, the validity of evidence, etc. The legal effect of electronic bill of lading is clearly defined. At the end of the paper, according to the current situation of the use of electronic bill of lading in international trade in China, the author briefly analyzes the relevant legal problems, and puts forward the idea of reconstructing the legal system of electronic bill of lading in China.
【学位授予单位】：北京邮电大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.1;F740.4
【引证文献】
相关博士学位论文 前1条
1 蓝翠玉;跟单汇票法律问题研究[D];吉林大学;2012年
，本文编号：2332850
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