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【裁判要旨】提货单不是提单,其仅是提取货物的手续和证明,非交付证券,不适用指示交付。出卖人是否履行了交付义务,应以标的物的转移占有为判断标准。提货单不具有权利凭证的效力,并未在买受人和第三人之间建立法律关系,因第三人的抗辩导致买受人未能提取货物,买受人只能依据买卖合同向出卖人主张权利,出卖人仍要基于权利瑕疵担保义务向买受人承担责任。
Referee motto Bill of lading is not a bill of lading, it is only the procedure and certificate of withdrawal of goods, non-delivery of securities, not applicable to the instructions delivered. Whether the seller fulfills the delivery obligation should be based on the transferred possession of the subject matter as the standard of judgment. Bill of lading does not have the effect of the right to vouchers, did not establish a legal relationship between the buyer and a third party, because the third party’s defense led to the buyer failed to extract the goods, the buyer can only be sold under the contract of sale People advocate the rights, the seller still based on the obligation to guarantee the flaw to the buyer bear the responsibility.