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承运人在托运人未支付应当支付的预付运费时,能否拒绝履行其签发运费预付提单的义务,从而留置提单,在实践和理论上颇有争议。根据我国海商法、担保法和合同法的有关规定,承运人有权留置提单。承运人留置提单的行为不属于行使留置权的范畴,亦不属于行使权利质押的质权,应该属于行使合同履行中的抗辩权,即同时履行抗辩权、后履行抗辩权和不安抗辩权。
The carrier in the shipper did not pay the prepaid freight should be paid, can refuse to fulfill its obligation to issue freight prepaid bills of lading, leaving a bill of lading, in practice and theory quite controversial. According to the relevant provisions of China’s maritime law, guarantee law and contract law, the carrier has the right to retain the bill of lading. The carrier’s bill of lading should not lie in the scope of exercising the lien nor is it a pledge to exercise the pledge of rights and should belong to the right of defense in exercising the contract, that is, to perform the right of defense at the same time and then perform the right of defense and the right of uneasiness.