司法实践与理论界对“记名提单是否必须凭正本提单交货”这一问题存在不同观点。司法实践普遍认同“记名提单也必须凭正本提单交货”的观点,而理论界则倾向于“记名提单凭提单记载的内容交货而不是提单本身交货”的观点。实践是理论的基础,理论对实践具有反作用力,两者相辅相成,若是长期背离,则即不利于实践的深入,又不利于理论的发展。因此,建议司法实践修正其观点,改采理论界的观点,使实践与理论相符,做到真正的统一。 Judicial practice and theoretical circles have different opinions on the issue of whether the “bill of lading must be delivered with the original bill of lading”. Judicial practice generally agrees with the notion that “a named bill of lading must also be delivered by the original bill of lading”, whereas theorists tend to favor the idea that “a bill of lading is delivered on the basis of the bill of lading rather than the bill of lading itself.” Practice is the basis of theory. Theory is counterproductive to practice. The two are mutually reinforcing. If they deviate from the long-term, they are not conducive to the practice, but not conducive to the development of the theory. Therefore, it is suggested that judicial practice should amend its viewpoint, change the viewpoints of theoritical circles, make practice accord with the theory, and achieve true unity.