提單具有以下三項主要功能：提單是證明承運人已接管貨物和貨物已裝船的貨物收據對于將貨物交給承運人運輸的托運人，提單具有貨物收據的功能。不僅對于已裝船貨物，承運人負有簽發提單的義務，而且根據托運人的要求，即使貨物尚未裝船，只要貨物已在承運人掌管之下，承運人也有簽發一種被稱為“收貨待運提單”的義務。所以，提單一經承運人簽發，即表明承運人已將貨物裝上船舶或已確認接管。提單作為貨物收據，不僅證明收到貨物的種類、數量、標志、外表狀況，而且還證明收到貨物的時間，即貨物裝船的時間。本來，簽發提單時，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，于是裝船時間也就意味著賣方的交貨時間。而按時交貨是履行合同的必要條件，因此，用提單來證明貨物的裝船時間是非常重要的。提單是承運人保證憑以交付貨物和可以轉讓的物權憑證 對于合法取得提單的持有人，提單具有物權憑證的功能。提單的合法持有人有權在目的港以提單相交換來提取貨物，而承運人只要出于善意，憑提單發貨，即使持有人不是真正貨主，承運人也無責任。而且，除非在提單中指明，提單可以不經承運人的同意而轉讓給第三者，提單的轉移就意味著物權的轉移，連續背書可以連續轉讓。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。提單所代表的物權可以隨提單的轉移而轉移，提單中所規定的權利和義務也隨著提單的轉移而轉移。即使貨物在運輸過程中遭受損壞或滅失，也因貨物的風險已隨提單的轉移而由賣方轉移給買方，只能由買方向承運人提出賠償要求。提單是海上貨物運輸合同成立的證明文件提單上印就的條款規定了承運人與托運人之間的權利、義務，而且提單也是法律承認的處理有關貨物運輸的依據，因而常被人們認為提單本身就是運輸合同。但是按照嚴格的法律概念，提單并不具備經濟合同應具有的基本條件：它不是雙方意思表示一致的產物，約束承托雙方的提單條款是承運人單方擬定的；它履行在前，而簽發在后，早在簽發提單之前，承運人就開始接受托運人托運貨物和將貨物裝船的有關貨物運輸的各項工作。所以，與其說提單本身就是運輸合同，還不如說提單只是只是運輸合同的證明更為合理。如果在提單簽發之前，承托雙方之間已存在運輸合同，則不論提單條款如何規定，雙方都應按原先簽訂的合同約定行事；但如果事先沒有任何約定，托運人接受提單時又未提出任何異議，這時提單就被視為合同本身。雖然由于海洋運輸的特點，決定了托運人并沒在提單上簽字，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.

標簽：提貨單貨代中英文