Study On The Legal Status Of Consignee In Carriage Of Goods By Sea

This dissertation mainly studies the legal status of consignee in the field of carriage of goods by sea. Several fundamental legal issues that influence the legal status of consignee are discussed. First, the legal concept of consignee is explored. In the first chapter, the concepts of consignee regulated in international conventions and domestic laws of different countries are introduced. By analysizing the similarities and differnces among these concepts, some deficiencies in that of CMC can be found. Therefore, the concept of consignee is redefined with logical method and deemed as the basis for further discussion on other legal issues concerning consignee. Also in this chapter, the concepts of consignee and holder of B/L are compared and the applied scope of each is clarified. The conclusion is drawn that the concept of consignee shall substitute that of holder of B/L in the field of carriage of goods by sea. The next chapter gives detailed analysis and discussion on the legal status of consignee when bill of lading is issued or is not. There exist seven theories to explain the legal basis on which the consignee takes rights and responsibilities. By analysis and comparision, the author comes to the conclusion that when transferrable bill is issued, the theory of "security relationship" can better explain the origin of consignee's rights, while he takes the responsibilities according to direct stipulations of law. As far as Sea waybills are issued, the theory of "for the benefits of a third party" is more reasonable, while the responsibilities of consignee also stem from the stipulations of law. Finally, concrete responsibilities and rights are enumerated and such issues as "right of control" are clarified, aiming as instructing shipping practises.