Font Size: a A A

Analysis Of The Elements In Judging The Cases Of "Releasing The Goods Without B/L"

Posted on:2003-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y F DengFull Text:PDF
GTID:2156360122485029Subject:Law
Abstract/Summary:PDF Full Text Request
The purpose of writing this thesis is, through classifying the cases of"Releasing the Goods without B/L", to find out the elements in judging suchcases and to form a guideline of uniform judgement, as cases of such in the practical trials of maritime cases have not reached the uniform judgment that made the shipping industry not to know what rules to be complied to.The first chapter of this thesis focuses the cases of "Releasing the Goods without B/L", on classification by reviewing the typical cases tried, on the analysis of the progress awareness of judging the cases of "Releasing the Goods without B/L", and on summary of the status quo of judging the cases of "Delivery goods without B/L" in judgicial practice.The second chapter concluded the guiding ideology of strictly forbidding"Releasing the Goods without Documents" through analyzing the conception of the cases on "Releasing the Goods without Documents" and the reason of which caused so as to define what the purpose of legal adjustment and to aim to have a grand view in this respect.The third chapter is the key part, mainly analyzing the basic judgment of hearing the typical case of a holder of B/L suing the carrier, and on the basis of that to analyze and clarify several problems in practice. This article starts with the first section of unscrambling the article 72 on enactment of two carriers' guarantee of delivery under "Maritime Law of the PRC" and indicates that B/L represents a legal system, the purpose of which is to ensure the B/L can be transferable so that the international transactions are assured.The second article expounds that B/L is not the documents of title. The third article deals with the making and signing of the B/L as well as the subsequent the alternations of two legal relations: the establishment of the terms of delivering goods for the contract between the party of consignor and carrier, and the establishment of the contract between the holder of B/L and the carrier in terms of carriage of goods by sea. The forth article, in proof of the legal basis of releasing the goods against the original B/L is the premise of contract obligations to conclude that it is not an applicable law of torts against the carrier's release of goods without B/L for B/L's holder, and it can only sue against the contract according as the regulations on B/L. The fifth article, based on the above typical cases to analyze the elements of judging the case of "releasing goods without B/L", is to analyze and clarify the issuesof the cause of action in trial practice, the limitation of actions, the relations between the contracts of carriage of goods by sea and the contracts for international sales of goods, the relations of the contractual relation of settling accounts, and the disclosed B/L that shall not be released against B/L.The forth chapter, under the premise of the applocation of the Chinese law, briefly analyzes the trial elements and several practical issues of other types of cases involving "Releasing goods without B/L". It confirms that the B/L holder, relatively to the actor, except for the carrier, disposes illegally the goods under the B/L that leads to the goods unable to be picked up by the B/L, has only the right of the real claim, the right of petition of unjustifiedbenefits and the right of petition for any damage caused by the act of torts, further analysis made to the above three rights of petition respectively. Based on the analysis, it explains hot issues while in practical trial on legal applications, limitation of action, the actual carrier's responsibility of delivering goods without B/L on his own, the responsibility of the carrier's agent in the cases of delivering goods without B/L, the responsibility of the port operator delivering goods on his own, B/L holder's action to the person who picks up the goods, and the elements of the carrier's right to petition under the circumstances of a letter of guarantee to the delivery goods without B/L.It is made out, upon the above demonstrations, that the cases of "releasing...
Keywords/Search Tags:"Releasing
PDF Full Text Request
Related items