Study On Legal Problems Of Delivery Goods Without Original Bill Of Lading

The subject of this dissertation is the question of Delivery Goods without Original Bill of Lading in shipping practice. It defines Delivery Cargo without Original Bill of Lading and deems that the argument on the characteristic of it comes from that on the characteristic of the bill of lading. Through analyzing theories of the characteristic of bill of lading, this dissertation states out that it has different functions in different realms. In the realm of carriage of goods by sea, it represents the contractual relationship. In the realm of international trade, it is a document of right of possession and a prima facie evidence of ownership of the cargo, and the object of pledge in the realm of balance of Letter of Credit. On the basis of this point of view and theories of civil law, it points out that delivery cargo by carrier without bill of lading is the breach of contract and may be the tort, however, while by agents of the carrier, it must be tort because of the non-contractual relationship between the holder of bill of lading and him. Furthermore, this article gives out the solution to them. This paper also explains the defence of the carrier in the judicial practice and the effect of exemption clause in bill of lading. At the end of this dissertation, the question of the straight bill of lading is specially discussed.