浅议记名提单下承运人的交货义务及相关法律问题

记名提单是一种不可流转的海运单证,也就不具备可流转海运提单的物权凭证效力。同时,作为海上运输合同的证明,记名提单对于承运人在目的港的交货对象于运输合同缔结之初就已经确定,因此承运人在记名提单下的交货义务并不以收货人持有正本提单为必要,承运人只要是向记名收货人交付货物就已经构成了运输合同下的适当交付,承运人也不应对此承担无单放货的民事责任。

Preliminary comments on the carrier's obligation on delivery of goods under straight B/L and other relevant legal issues

Straight B/L is of transport document that is not negotiable and thus is of no such legal effects as a document of title. Simultaneously,as a document evidencing the contract of carriage of goods by sea,the straight B/L has already ascertained the consignee to whom the goods to be delivered at the discharge port at the time when the contract of carriage of goods by sea is concluded, whereby the carrier has duly performed its obligations on delivery of goods under the carriage contract when it has delivered the goods to the named consignee specified on the straight B/L, whilst it is not necessary for the named consignee to hold the original straight B/L, for taking delivery of goods, and the carrier shall not bear any civil liabilities for the delivery of goods without consignee's presentation of original straight B/L.