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由于国内提单法律制度的滞后及国际提单法的欠缺,提单法律适用问题不仅实务上鲜有规定,理论上也颇为混乱。提单法律冲突面临的困境与争议是对提单法律适用规则的将来发展进行预测。将提单法律适用与运输合同法律适用区分开来,从提单的证券性质出发,类比于票据的法律适用。并采用分割法,对提单行为、提单当事人、提单债权关系、提单物权关系法律适用方法分别进行论述并提出新的见解。
Due to the lag of the legal system of domestic bills of lading and the lack of international bills of lading law, the issue of the law applicable to bills of lading is not only limited in practice, but also quite chaotic in theory. The difficulties and disputes in the legal conflict of bills of lading are the prediction of the future development of the law applicable to bills of lading. The law applicable to the bill of lading and the legal application of the contract of carriage are distinguished from the nature of the securities of the bill of lading, analogous to the law applicable to the bill. And the method of division is used to discuss the law of bill of lading, the parties of bill of lading, the relation of claim of bill of lading, the law of application of bill of lading, and put forward new opinions respectively.