解读“无单放货”最新司法解释

无正本提单交付货物,简称＂无单放货＂,是航运实践中普遍存在的问题,也是海商法理论界长期争论的热点问题。《中华人民共和国海商法》对此仅作了极其笼统的规定,并不具有可操作性。有鉴于此,最高人民法院于2009年2月26日公布了《关于审理无正本提单交付货物案件适用法律若干问题的规定》。该司法解释是继《中华人民共和国海商法》颁行以来关于提单法律制度的最重要的一部法律文件,从司法实践的角度对无单放货问题作了全面细致的规定,共15个条文,均具有鲜明的裁判法意义,权威而实用,必将对中国航运实务产生重大而深远的影响。通过解读这部无单放货最新司法解释所确立的一些重要法律制度,为航运相关从业人员提供有益的参考。

Analysis of the latest judicial interpretation on delivery of goods without bills of lading

Delivery of goods without bills of lading was a common problem in shipping practice, as well as a topic hotly debated by the academic circles of maritime law for a long time. There were only general stipulations in Maritime Code of People＇ s Republic of China, which were not operable. In view of that, Stipulations by the Supreme People＇ s Court on Certain Problems in Application of Law in Hearing Cases of Delivery of Goods without Original Bills of Lading was promulgated by the Supreme People＇s Court on February 26th, 2009. This judicial interpretation was the most important legal document about the legal system of Bill of Lading since the Maritime Code of People＇ s Republic of China came into force. It consisted of fifteen articles, which were of great juridical value, both authoritative and practical. It would be of momentous and far-reaching significance in shipping practice of China. This article analyzed some important legal system established in the latest judicial interpretation on delivery of goods without bills of Lading and supplied the related practitioner of shipping business with a helpful reference.