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依据提单索赔,就是请求方依据提单上所载明的运输合同向承运人索赔货损货差.因此,只要请求方有效地占有提单,就可以享有提单上所载明的运输合同的权利和货物的所有权,因而也就具有了依据提单索赔的拆权.如果提单的转让是符合条件的,那么提单的受让人就是有效地占有了提单.
The claim based on the bill of lading means that the claimant seeks compensation from the carrier on the basis of the contract of carriage as indicated on the bill of lading and therefore as long as the requesting party effectively holds the bill of lading it is entitled to the contract of carriage and the goods Ownership, and therefore also has a claim for the right to draw off the bill of lading.If the transfer of the bill of lading is eligible, then the assignee of the bill of lading is effectively possession of the bill of lading.