提單的交付與貨物所有權(quán)轉(zhuǎn)移的法律適用外文翻譯-其他專業(yè)-資料下載頁(yè)
2025-01-19 11:44本頁(yè)面
【導(dǎo)讀】提單的交付與貨物所有權(quán)轉(zhuǎn)移的法律適用。摘要.由于各國(guó)在提單的交付是否導(dǎo)致貨物所有權(quán)轉(zhuǎn)移方面的規(guī)定不一致.因此.在涉外提單。的轉(zhuǎn)讓?xiě)?yīng)適用提單轉(zhuǎn)讓時(shí)的所在地法". 提單是用以證明海上貨物運(yùn)輸合同和貨物已經(jīng)由承運(yùn)人接收或裝船.以及承運(yùn)人保證據(jù)。單能代表提單項(xiàng)下貨物的所有權(quán).因此.提單的交付能導(dǎo)致貨物所有權(quán)的轉(zhuǎn)移但也有的國(guó)家。提單本身即表明提單持有人對(duì)貨物享有財(cái)產(chǎn)權(quán).提單代表著對(duì)貨物的權(quán)利"雖然占有提單授。有權(quán)轉(zhuǎn)移的象征.而不是貨物所有權(quán)據(jù)以轉(zhuǎn)移的實(shí)際工具"在國(guó)際貿(mào)易中.該理由即足以將提。"基于此.至今未有關(guān)于澳大利亞法院要求考慮由什么法律支配提單作為所有權(quán)憑證的功能。亞法院可能會(huì)將其自己的法律作為法院地法適用"其理由是承認(rèn)習(xí)慣屬于程序問(wèn)題.而這一。于通過(guò)提單及其他運(yùn)輸單證而產(chǎn)生的貨物所有權(quán)的轉(zhuǎn)移奧地利聯(lián)邦沖突法第..條規(guī)定.有。合同當(dāng)事人的協(xié)議"如果當(dāng)事人沒(méi)有就準(zhǔn)據(jù)法的選擇達(dá)成一致.則適
【正文】 so before the receipt invoice, once the proprietary rights are shifted to the buyer, the seller will in a passive condition if there are some sudden events such as the buyers violation of the contract or bankruptcy. It is monly carried and acknowledged by the majority of countries that the seller insists the reservation of the proprietary rights in the contract in order to protect his own interest. The bill of lading as a delivery certificate, ensures the wellintentioned holder the right of asking for the cargo. The way of transferring the proprietary rights by electronic bill of lading encounters general legal matter caused by electronic business and also whether the electronic bill of lading can equally function as the original bill of lading. Presently, there have been some laws and practices abroad, however, the final solution needs a gradual process. We should consider both the general rules of transfer of ownership and the rules of bills when analyzing the problem of the relationships between the bills and transfer of ownership. Moreover, we must explore the problem in respective of the rules of each country as different countries have different rules. The result may be unscientific due to the defection in the method of study, if we discuss this problem only from the perspective of Maritime Law or Civil legal effects are not the same for the problem of the influences of the bills upon the transfer of ownership in the goods between the AngloAmerican countries and the Civil Law countries. There are many significant differences even among the countries of the same law family. Generally speaking, the purpose of transferring ownership is implied in the transferring of the bills in England. The bills are helpful to analyze the unconditional identification of the goods in America. How to dispose the bills would simply influence the security interests of the goods but not alter the ownership of the goods. The transfer of bills has almost no effect on the transfer of ownership in the goods in French. In German and other like countries, the transfer of ownership is synchronized with the transfer of the bills. This is also true to bank possessing the bills only own the security interests while not procure the ownership in the goods in the international accounting. When the bills are in the hand of the bank, whether the goods are owned by the seller or by the buyer should be judged by the way of accounting and the circumstances at that transferring of the ownership of goods through the transfer of electronic bills is first confronted with the general problem brought about by electronic trade. Second, it is confronted with the special problem in the law to the electronic bills that whether theelectronic bills can fulfill the functions executed by the paper bills. There are some international rules and practices about the electronic bill at present. To settle these problems in the law, however, may be a gradual should stipulate the effect of the transfer of bills clearly in her legislation for the purpose of providing clear guidance of law to the international trade and harmonizing with Maritime Law. We should also catch the chance to set the rules of electronic bills in order to adapt to and promote the development of foreign trade.
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