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运输合同订立于提单签发之前,因此,提单并非运输合同。法律规定,提单是运输合同的证明,而学者进一步认为,对收货人来说,提单是运输合同条款的唯一证明;但对托运人而言,提单却不是运输合同条款的唯一载体,大副收据、运输通知、运费凭证及承运人的各种承诺等都可以构成运输合同条款。本文论述的是提单与运输合同条款的关系。
The contract of carriage is concluded before the bill of lading is issued, therefore, the bill of lading is not a contract of carriage. The law stipulates that the bill of lading is the proof of the contract of carriage. Scholars further believe that for the consignee, the bill of lading is the only proof of the contract of carriage. But for the shipper, the bill of lading is not the sole carrier of the contract of carriage. Receipts, shipping notices, shipping vouchers and various promises of the carrier form the terms of the contract of carriage. This article discusses the relationship between the bill of lading and the terms of the contract of carriage.