Bill of Lading as Document of Title——By analyzing the controversy between obligationenrechte and sachenrechte in defining the function of B/L

As a document of title,bill of lading presents the cargo.However,the almost common sense that bill of lading as a document of title manifests the real rights of the cargo is queried and denied by some scholars in recent years.The author re-ponders on this problem and makes the conclusion that bill of lading manifests the real rights of cargo by analyzing the controversy between obligationenrechte(rights derived from Obligation)and sachenrechte(real rights)in defining the function of bill of lading.The purpose of this paper is to expand the paths of thinking to demonstrate the real-rights function of the bill of lading with the hope of making some significance on the research of the issues on the delivery of cargo without producing bill of lading.