On The Right Of Taking Delivery Of Cargo Under Bill Of Lading And Its Application

Carrier's delivery of cargo without original bill of lading happens frequently and the disputes so caused give rise to much controversy which has been reflected in many different judgments in similar cases. Based on the analysis on the corresponding provisions of Chinese Maritime Code, the right of taking delivery of cargo under a bill of lading is inferred in this thesis. The thesis also analyzes the theory concerning this right and provides theoretical assistance to the solution of the problems in practice.In the first chapter the right of taking delivery of cargo is inferred based on the analysis on the corresponding provisions of Chinese Maritime Code and some relevant legislations. The second chapter discusses the source of this right by analyzing some different points of view. The third chapter discusses the nature of this right on the analysis of the character of the right and analyzes the object of the pledge on rights when a bill of lading is pledged. The fourth chapter discusses the conditions for the assertion of such a right especially when an order bill of lading is issued and the meaning of the holder of a bill of lading under Chinese Maritime Code. The fifth chapter analyzes some issues concerning the exertion of the right. In the sixth chapter the theory of right of taking delivery of cargo is used to analyze the problems arising from delivery of cargo without original bill of lading. The author concludes that carrier's delivery of cargo without production of bill of lading infringes such a right in essence and such a right constitutes a requisite condition for claiming loss against the carrier on the basis of carrier's delivery of cargo without production of bill of lading.