A Study On Legal Problems Of The System For Public Exigency Of Bill Of Lading

Studying and improving the system of the Bill of Lading are required for the development of the theory and practice in the field of the maritime law in China, and for promoting the development of the B/L in the field of transportation, international trade and some others. As a component part of the legal system of the B/L, the system for public exigency of B/L plays the key role in solving the legal problems arising from the situation, in which the B/L is out of control or lost. On the basis of drawing on the experience of the system for public exigency of the instruments, MPL of PRC and its judicial interpretation made by the Supreme People's Court of PRC lay down those provisions relating to the system for public exigency of B/L, which can be conformed to in the shipping practice. Nevertheless, there still exist some defects to be completed. With the objective of the system for public exigency of B/L, this thesis holds the view of the valuable securities, compares the B/L with the instruments, refers to the remedies used in some other countries for the B/L being out of control or lost, analyses the natures and special features of the B/L, and reaches the conclusion that what kind of the B/L can be applied to the system for public exigency of B/L. To make all the issues above cleared, this thesis puts much inks on the problems occurred or likely to be occurring within those cases concerning the public exigency of B/L. Besides, it involves that this system has the influences on the concerning parties' substantial rights and obligations. Moreover, the legal issue on the relationship between the system itself and the system for the acquisition of a bill of lading in good faith is also given an in-depth analysis. Meanwhile, it provides some legislative suggestions for references, and hopefully, they will be helpful and beneficial to the researches and the improvement on the system for public exigency of B/L of China.