提单的法律性质

关于提单的法律性质，中外学者观点不一。笔者试图论证提单具有物权性的观点．为此，首先给出了提单的含义，并详细论述了提单的法律特征：1、提单是海上货物运输合同的证明；2、提单是承运人接收货物的收据；3、提单是承运人保证据以交付货物的单证。然后对提单的法律性质即物权性进行了探讨，并采用历史分析结合现实需要的方法总结出提单具有物权性的三个原因：1，提单物权性的产生具有历史合理性；2，提单具有物权性符合现实商业的需求；3，提单的可转让性决定了提单具有物权性。另外，文章强调了提单的物权性是受到一定条件限制的。

The Lawful Nature of Bill of Lading

Views of scholars of china and foreign are different about the lawful nature of the bill of lading. An attempt was made to argument the view of the nature of title of the bill of lading. The definition of the bill of lading was given and the lawful features were discussed: One is evidence of the contract of carriage of goods by sea; Two is evidence of the taking over or loading of the goods by the carrier; Three is undertakers to deliver the goods against surrendering the bill of lading. Then, the lawful nature of the bill of lading, i.e., the nature of title, was discussed. Furthermore, three reasons were summarized through historical and realistic analysis: First, the generation of the nature of title of the bill of lading has historical reason; Second, the nature of title of the bill of lading comes up to the commercial needs; Third, that the bill of lading can be negotiated decides that the bill of lading has the nature of title. In addition, the article emphasizes that the nature of title of the bill of lading has some limitations.