海运提货单相关法律问题研究

提货单具有凭以报关、费用结算和提货等功能。货物进口到港至提货环节,参与业务的主体复杂、合同关系多重交叉,进口提货环节复杂,风险难辨,给承运人、船代和收货人及港口、场站经营人等造成了风险和损失。应研究和区分不同合同法律关系,把握提货单属性,正确适用法律。在新物流业态中,探索仓单、分提货单等新单据,实现提货单传统功能与新功能的衔接、融合。

Study on Some Problems of Ocean Delivery Order

A delivery order（D/O） is a warrant for customs clearance,settling accounts and picking up the goods. The links from importation to picking up the goods involve various subjects,and the contractual relations overlap with each other. The carrier,ship agent,consignee and the manager of port warehouse may take risks due to facts mentioned above. It is needed to research and differ the contractual relations and the characteristic of D/O. Therefore they can be applied to law properly. The new bill of document,like warehouse receipt and separate D/O,should be studied,in the hope of reaching their connection.