提單具有以下三項(xiàng)主要功能：提單是證明承運(yùn)人已接管貨物和貨物已裝船的貨物收據(jù)對(duì)于將貨物交給承運(yùn)人運(yùn)輸?shù)耐羞\(yùn)人，提單具有貨物收據(jù)的功能。不僅對(duì)于已裝船貨物，承運(yùn)人負(fù)有簽發(fā)提單的義務(wù)，而且根據(jù)托運(yùn)人的要求，即使貨物尚未裝船，只要貨物已在承運(yùn)人掌管之下，承運(yùn)人也有簽發(fā)一種被稱為“收貨待運(yùn)提單”的義務(wù)。所以，提單一經(jīng)承運(yùn)人簽發(fā)，即表明承運(yùn)人已將貨物裝上船舶或已確認(rèn)接管。提單作為貨物收據(jù)，不僅證明收到貨物的種類、數(shù)量、標(biāo)志、外表狀況，而且還證明收到貨物的時(shí)間，即貨物裝船的時(shí)間。本來(lái)，簽發(fā)提單時(shí)，只要能證明已收到貨物和貨物的狀況即可，并不一定要求已將貨物裝船。但是，將貨物裝船象征賣方將貨物交付給買方，于是裝船時(shí)間也就意味著賣方的交貨時(shí)間。而按時(shí)交貨是履行合同的必要條件，因此，用提單來(lái)證明貨物的裝船時(shí)間是非常重要的。提單是承運(yùn)人保證憑以交付貨物和可以轉(zhuǎn)讓的物權(quán)憑證 對(duì)于合法取得提單的持有人，提單具有物權(quán)憑證的功能。提單的合法持有人有權(quán)在目的港以提單相交換來(lái)提取貨物，而承運(yùn)人只要出于善意，憑提單發(fā)貨，即使持有人不是真正貨主，承運(yùn)人也無(wú)責(zé)任。而且，除非在提單中指明，提單可以不經(jīng)承運(yùn)人的同意而轉(zhuǎn)讓給第三者，提單的轉(zhuǎn)移就意味著物權(quán)的轉(zhuǎn)移，連續(xù)背書可以連續(xù)轉(zhuǎn)讓。提單的合法受讓人或提單持有人就是提單上所記載貨物的合法持有人。提單所代表的物權(quán)可以隨提單的轉(zhuǎn)移而轉(zhuǎn)移，提單中所規(guī)定的權(quán)利和義務(wù)也隨著提單的轉(zhuǎn)移而轉(zhuǎn)移。即使貨物在運(yùn)輸過(guò)程中遭受損壞或滅失，也因貨物的風(fēng)險(xiǎn)已隨提單的轉(zhuǎn)移而由賣方轉(zhuǎn)移給買方，只能由買方向承運(yùn)人提出賠償要求。提單是海上貨物運(yùn)輸合同成立的證明文件提單上印就的條款規(guī)定了承運(yùn)人與托運(yùn)人之間的權(quán)利、義務(wù)，而且提單也是法律承認(rèn)的處理有關(guān)貨物運(yùn)輸?shù)囊罁?jù)，因而常被人們認(rèn)為提單本身就是運(yùn)輸合同。但是按照嚴(yán)格的法律概念，提單并不具備經(jīng)濟(jì)合同應(yīng)具有的基本條件：它不是雙方意思表示一致的產(chǎn)物，約束承托雙方的提單條款是承運(yùn)人單方擬定的；它履行在前，而簽發(fā)在后，早在簽發(fā)提單之前，承運(yùn)人就開(kāi)始接受托運(yùn)人托運(yùn)貨物和將貨物裝船的有關(guān)貨物運(yùn)輸?shù)母黜?xiàng)工作。所以，與其說(shuō)提單本身就是運(yùn)輸合同，還不如說(shuō)提單只是只是運(yùn)輸合同的證明更為合理。如果在提單簽發(fā)之前，承托雙方之間已存在運(yùn)輸合同，則不論提單條款如何規(guī)定，雙方都應(yīng)按原先簽訂的合同約定行事；但如果事先沒(méi)有任何約定，托運(yùn)人接受提單時(shí)又未提出任何異議，這時(shí)提單就被視為合同本身。雖然由于海洋運(yùn)輸?shù)奶攸c(diǎn)，決定了托運(yùn)人并沒(méi)在提單上簽字，但因提單畢竟不同于一般合同，所以不論提單持有人是否在提單上簽字，提單條款對(duì)他們都具有約束力。

The bill of lading has the following three main features: a bill of lading is to prove that the carrier has taken over goods and the goods have been shipped the goods receipt for the carrier will transport the goods to the shipper, the bill of lading is the function of the receipt of goods. Not only for the goods already shipped, the carrier has the obligation to issue bills of lading, and in accordance with the requirements of the shipper, even if the goods had not yet shipped, as long as the goods have been in charge of the carrier, the carrier has issued is called a resumption Cargo to be transported bill of lading obligations. Therefore, a bill of lading issued by the carrier, namely that the carrier has been installed on the ship or cargo have been confirmed to take over. The bill of lading as a receipt for goods, not only received the goods that the variety, quantity, signs, the situation looks, but also that received the goods, that is the time for shipment of goods. Originally, the issue of bills of lading, just to prove that he received the goods and goods to the situation, do not always require the goods have been shipped. However, the symbol of the seller of goods shipped the goods delivered to the buyer, so shipping time means that the seller's delivery time. And on time delivery performance of the contract is a necessary condition, therefore, with the bill of lading to prove that the shipment of goods is very important. With the bill of lading is the carrier to guarantee delivery of goods and transfer of property rights can be lawfully obtained the bill of lading for the certificate, holders of the bill of lading is the function of property rights certificate. The bill of lading holder the right to legitimate purpose of the bill of lading to earn the intersection of the goods, and as long as the carrier out of goodwill, with shipping bills of lading, even if the holder is not a true owners, the carrier has no responsibility. Moreover, unless specified in the bill of lading, bills of lading can not agree with the carrier and transferred to a third party, bills of lading on the transfer of property rights means that the transfer of endorsement for consecutive transfer. The bill of lading or the assignee of the legitimate holder of the bill of lading is a bill of lading on the records of the legitimate holders. The bill of lading can be represented by the property rights bill of lading with the transfer and transfer, bills of lading in the rights and obligations under the bill of lading also with the transfer and transfer. Even if the goods during transport from damage or loss, because of the risk with the bill of lading has been transferred and transferred to the buyer by the seller, can only be bought from the direction of the carrier claims. The bill of lading is the contract of carriage of goods by sea to set up a bill of lading documents printed on the terms of the carrier and shipper between the rights, obligations and legal recognition of the bill of lading is also handling the basis for the transport of goods, which are often considered their own bills of lading Is a contract of carriage. But strictly in accordance with the legal concept of the bill of lading did not have economic contracts should have the basic conditions: it does not mean the two sides agreed that the product, supporting both sides bound by the provisions of the bill of lading is the carrier unilaterally drawn up; it to the former, while the issue of the , As early as before the issuance of bills of lading, the carrier began to accept the shipment of goods and the shipper of goods will be shipped on cargo transport work. Therefore, the bill of lading itself is not so much the contract of carriage, if that is not only the bill of lading is the contract of carriage that is more reasonable. If the bill of lading issued before the support already exists between the two sides the contract of carriage, regardless of how the provisions of the bill of lading terms, both sides should be signing the original contract agreed to act, but if no prior agreement, when the shipper did not accept any bill of lading Objection, then the bill of lading to be regarded as the contract itself. Although the characteristics of maritime transport, the shipper has decided not to sign the bill of lading, but the bill of lading, after all, different from the general contract, regardless of whether the bill of lading holder in the bill of lading was signed, bills of lading provisions are binding on them.

標(biāo)簽：提貨單貨代中英文