论无单放货诉讼时效的起算点

国际贸易中因卖方提交的单据不符合信用证的规定遭银行退单是常有的事,然而一般此时船舶抵达卸货港已有时日,若承运人无单放货,卖方向承运人提起无单放货之诉,其诉讼时效究竟是以船舶抵达卸货港具备交付条件之日起计算,还是以卖方银行被退单后持有正本提单向承运人主张交货之日起计算,司法实践中不无争议,笔者认为,从公平合理等角度分析,应以后者起算为宜。

By sells goods the limitation of action without the list to begin reckonin

In because the international trade the seller submits only the documentary evidence does not conform to the letter of credit stipulation to suffer the bank to draw back the common matter, however the general this time ships arrive at the port of discharge to have the date and time, if the carrier sells goods without the list, the seller mentions to the carrier without only sells goods suing, actually is its limitation of action arrives at the port of discharge by the ships to have date of computation the payment condition, is drawn back after the seller bank the list to have the original bill of lading to the carrier to advocate date of computation the delivery, in the judicial practice has disputed, the author believed, from just and so on angle analyses, will be supposed later to begin reckoning suitably for.