On No Original Bill Of Lading For Delivery Of Goods

The object of this thesis is to analyze the legal issues of the delivery of goods without the original bill of lading in the international carriage of goods by sea, the main purpose is to carry out the research on various of viewpoints held by the current maritime law circle and the perplexity encountered by the Chinese courts while the case of such the kind was dealt with. Firstly, the study on the relationship between the legal system of the bill of lading and the delivery of goods without the original bill of lading was made, including the analysis and the demonstration on the different areas such as the origin and its development of the legal system of the bill of lading, and the nature and function of bill of lading etc. "The carrier should deliver the goods with the original bill of lading just because a bill of lading is a document of title to goods though not the absolute document of ownership of the goods"was therefore concluded, and the author further elucidated the serious aftermath and the necessity of a solution towards to the problem through the analysis on the types, reasons and characters of the delivery of goods without the original bill of lading. Secondly, the thesis discussed the liability and exemption of the delivery of goods without bill of lading. The study on the specific liability, the means and standard of the damage compensation and their liability limitation and the exemption of all the six types of delivery of goods without the original bill of lading had been completed. A fairly clear answer were indicated as the carrier could not be protected under the right of the statutory limitation of the damages and the limitation of the liability, if he has done the delivery with intention or at the gross negligence, In the meanwhile, the thesis also proceed from actual conditions to strictly defined the exemption of the liability of delivery of goods without the original bill of lading, so that to leave very narrow and small space for existence to the act. Thirdly, a substantial research on the hearing of cases of the delivery of goods without the original bill of lading was done, the major questions which have been answered including the litigant parties, cause of action, burden of proof, application of law, recourse litigation, the validity of the letter of indemnity from the procedure and the substantial perspective. Finally, the author proposed the specific comments and recommendations to solve the problem of the delivery of goods without the original bill of lading, the major parts including the establishment and improving the legislation of bill of lading act, urging the global uniformity of all legal system of bill of lading, and regulating the relevant judicial behavior.