提单首要条款本质上讲是法律适用条款,它体现了当事人对法律选择的意思自治,是合同法律适用分割论在提单法律适用中的体现。因此首要条款与法律适用条款互相独立、互为补充,但首要条款的效力在认定时受到多种因素的制约。本文旨在分析首要条款的性质的基础上对影响其效力的诸因素进行具体阐述。 Essential terms of the bill of lading is essentially the terms of the law, which reflects the party’s autonomy of choice of law is the application of law of contract law applicable to the law in the manifestation of the bill of lading. Therefore, the primary clauses and the applicable clauses of law are mutually independent and complement each other, but the validity of the primary clauses is restricted by many factors when they are determined. The purpose of this paper is to analyze the nature of the prime provisions and to elaborate on the factors that affect their effectiveness.