Study On Legal Issues Of Bill Of Lading Negotiation

Being negotiable, Bill of lading is one of the important documents both in carriage of goods by sea and international trade. During bill of lading negotiation, for its special functions those issues concerned appeared to be more complicated. Nevertheless, China Maritime Code does not regulate issues concerning bill of lading negotiation roundly and systematically. And it cannot seek a better resolution by international conventions such as Hague Rules, Hamburg Rules. So there remains many matters and disputes unresolved in practice.On the basis of international and domestic legislative practice of relative issues concerning bill of lading negotiation, combining relative theories and shipping practice, this thesis undertakes elaborated discussions about the meaning of bill of lading negotiation, conditions of bill of lading negotiation as well as its character and effectiveness, and other relative issues, with bringing forward legislative suggestions finally. At first, this thesis starts with the negotiability of bill of lading, and by analyzing the features of bill of lading negotiation concludes its meaning and make it clear that in what sense straight B/L is not negotiable. Secondly, base on theory and practice, this thesis probes into the conditions of bill of lading negotiation, in order to make clear of those requirements that legal bill of lading shall meet. Thirdly, according to the special functions of bill of lading, this thesis probes into classified discussion of the character and effectiveness of bill of lading negotiation, so as to seek theoretical bases, which constitutes the core of this thesis. Furthermore, aiming at those matters in relation to the right of suit under the contract of carriage of goods by sea in practice, and in accordance with the conclusion this thesis suggests its resolvent. As last, based on foregoing discussions, this thesis comes to the conclusion that is to put forward legislative suggestions in relation to the relative issues concerning bill of lading negotiation.