论预借,倒签提单后承运人的抗辩与追偿

在航运实务中，预借、倒签提单的出现不可避免，承运人虽有过错，但要其承担与此类提单有关的全部损失并不公平。在法律中，承运人可以找到维护自己利益的方法：对货方的索赔提出有力的抗辩。即便承运人被判令承担货方的全部损失，其仍可通过向责任方的追偿，弥补自己的损失。

The Demurrer and Recourse of a Carrier after Issuing Advanced and Anti Dated Bills of Lading

By reference to the maritime trial in China, this paper discusses the legal status of a carrier after his issuing advanced and antidated bills of lading. Several pieces of advice have been submitted for the carrier to protect him from merchant's claims. By and large, it should not be taken for granted that the carrier is responsible for all the losses relating to the aforesaid bills of lading.