论记名提单制度的新发展
发布时间：2018-11-27 20:06
【摘要】：由于记名提单一般不可流通,其在国际贸易和航运实践中的运用远远少于可流通提单,因而一直没有引起各国立法与司法实践的重视,所以,各国有关记名提单的规定既不完善也不统一。但是随着货物运输的发展,记名提单逐渐受到国际社会的普遍关注,相信其也会在国际航运实践中发挥越来越重要的作用。 《鹿特丹规则》对记名提单制度做了较为系统全面的规定,顺应了国际航运实践的发展和需求,有助于推动记名提单相关规定的统一,为记名提单制度的发展开辟了一片新天地。 本文除引言外共分为三章 第一章分别对记名提单在实践中的认定、记名提单的转让性和记名提单的目的地交货等问题列举了各国相关的立法和司法实践,展现了国际社会有关记名提单制度在立法和司法实践上的发展现状,得出了各国在上述领域的立法和司法实践既不统一也不够完善的结论。 第二章阐述了《鹿特丹规则》关于记名提单制度的新发展。新公约通过对可流通运输单证的详细界定为我们提供了判断和认定一份记名提单的标准;同时,公约确定了记名提单的不可流通性,有助于各国立法和司法实践的统一;对于记名提单目的地交货制度,公约顺应航运实践的需求,对此做了开放性的规定,允许记名提单在未载明必须凭单放货时,可无单放货,并通过相关制度的设计平衡了国际货物运输和国际货物贸易各方当事人的利益,是一个具有创新性和实用性的较为合理完善的规定,为记名提单在实践中的发展开创了广阔的前景。 第三章论述了我国立法,贸易业与航运业应该如何适应《鹿特丹规则》关于记名提单制度的新发展。我国立法不仅要补充完善对记名提单的含义与实践中的认定的规定,还要借鉴《鹿特丹规则》的相关规定修改和完善记名提单目的地交货制度。不论是我国航运业还是贸易业均应在充分了解新公约相关规定的基础上,积极采取应对措施,并不断地发展壮大自己,增强自身实力,以适应国际社会的各种新规则和新挑战。
[Abstract]:Because the bill of lading is generally non-negotiable and its application in the practice of international trade and shipping is far less than that of negotiable bills of lading, it has not attracted the attention of the legislation and judicial practice of various countries. The provisions on bearer bills of lading in various countries are neither perfect nor uniform. However, with the development of freight transportation, bearer bill of lading has been paid more and more attention by the international community. It is believed that it will also play an increasingly important role in international shipping practice. The Rotterdam rules make more systematic and comprehensive provisions on the system of bill of lading, comply with the development and demand of international shipping practice, and contribute to the unification of the relevant provisions of the bill of lading. It opens up a new world for the development of bill of lading system. This paper is divided into three chapters except the introduction. The first chapter enumerates the legislation and judicial practice of various countries on the identification of the bill of lading in practice, the transfer of the bill of lading and the delivery of the bill of lading at the destination of the registered bill of lading. It shows the current situation of the legislation and judicial practice of the bill of lading in the international community, and draws the conclusion that the legislation and judicial practice in the above fields are neither unified nor perfect. Chapter two expounds the new development of the system of straight bill of lading in the Rotterdam rules. Through the detailed definition of negotiable transport documents, the new convention provides us with the standard to judge and identify a bill of lading, and at the same time, it determines the non-circulation of a bill of lading, which is helpful to the unification of legislation and judicial practice of various countries. With regard to the system of delivery of goods at the destination of a registered bill of lading, the Convention complies with the requirements of shipping practice and makes an open provision allowing the bill of lading to be delivered without a bill of lading when it is not stated that it is necessary to deliver the goods on demand. And through the design of relevant systems, the interests of the parties involved in international cargo transport and international trade in goods are balanced, which is a more reasonable and perfect regulation with innovation and practicability. It opens up a broad prospect for the development of bearer bill of lading in practice. The third chapter discusses how the legislation, trade and shipping industry should adapt to the new development of the bill of lading system. The legislation of our country should not only supplement and perfect the provisions on the meaning of bill of lading and the confirmation in practice, but also use the relevant provisions of Rotterdam rules for reference to modify and perfect the system of delivery of goods at the destination of the bill of lading. On the basis of fully understanding the relevant provisions of the new convention, both China's shipping and trade industries should take active measures to develop and strengthen themselves and strengthen their own strength in order to adapt to various new rules and new challenges of the international community.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.19
本文编号：2361898
[Abstract]:Because the bill of lading is generally non-negotiable and its application in the practice of international trade and shipping is far less than that of negotiable bills of lading, it has not attracted the attention of the legislation and judicial practice of various countries. The provisions on bearer bills of lading in various countries are neither perfect nor uniform. However, with the development of freight transportation, bearer bill of lading has been paid more and more attention by the international community. It is believed that it will also play an increasingly important role in international shipping practice. The Rotterdam rules make more systematic and comprehensive provisions on the system of bill of lading, comply with the development and demand of international shipping practice, and contribute to the unification of the relevant provisions of the bill of lading. It opens up a new world for the development of bill of lading system. This paper is divided into three chapters except the introduction. The first chapter enumerates the legislation and judicial practice of various countries on the identification of the bill of lading in practice, the transfer of the bill of lading and the delivery of the bill of lading at the destination of the registered bill of lading. It shows the current situation of the legislation and judicial practice of the bill of lading in the international community, and draws the conclusion that the legislation and judicial practice in the above fields are neither unified nor perfect. Chapter two expounds the new development of the system of straight bill of lading in the Rotterdam rules. Through the detailed definition of negotiable transport documents, the new convention provides us with the standard to judge and identify a bill of lading, and at the same time, it determines the non-circulation of a bill of lading, which is helpful to the unification of legislation and judicial practice of various countries. With regard to the system of delivery of goods at the destination of a registered bill of lading, the Convention complies with the requirements of shipping practice and makes an open provision allowing the bill of lading to be delivered without a bill of lading when it is not stated that it is necessary to deliver the goods on demand. And through the design of relevant systems, the interests of the parties involved in international cargo transport and international trade in goods are balanced, which is a more reasonable and perfect regulation with innovation and practicability. It opens up a broad prospect for the development of bearer bill of lading in practice. The third chapter discusses how the legislation, trade and shipping industry should adapt to the new development of the bill of lading system. The legislation of our country should not only supplement and perfect the provisions on the meaning of bill of lading and the confirmation in practice, but also use the relevant provisions of Rotterdam rules for reference to modify and perfect the system of delivery of goods at the destination of the bill of lading. On the basis of fully understanding the relevant provisions of the new convention, both China's shipping and trade industries should take active measures to develop and strengthen themselves and strengthen their own strength in order to adapt to various new rules and new challenges of the international community.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.19
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相关期刊论文 前7条
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