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倒签、预签提单的法律性质非常复杂,目前学术界存在合同责任、侵权责任、责任竞合等多种学说,但其中任何一种学说均无法单独给予全面正确的解释。这将导致案件的管辖权和准据法的适用等问题上出现不同的结果,从而影响对案件实体问题的判决。本文尝试探求对于倒签、预签提单法律性质一种较为合理的理论。
The legal nature of backdating and pre-signing bills of lading is very complicated. At present, scholars have many theories such as contractual liability, tort liability and competing responsibility. However, any of these theories can not give an entirely correct explanation. This will lead to different outcomes on such issues as the jurisdiction of the case and the application of the applicable law, thus affecting the judgment on the substantive issues of the case. This paper attempts to explore a more reasonable theory of the legal nature of backdating and pre-signing bills of lading.