Delivery Of Goods Without Original Bills Of Lading

The B/L plays an important role in the international trading field. Under the system of modern documentary dealing, the importance of B/L even far exceeds any other links of marine transportation. However, with the application of new technology in the marine field, the improvement of steaming speed of the vessel and the efficiency of loading/discharge, the traditional process of B/L can not meet the demands of such quick changes, which becomes an obvious problem especially in short-distance transportation. Therefore, a flexible practice of delivery goods against B/L in copy plus letter of indemnity appears in practical business. Such practice, though gives help to dredge goods and improve efficiency in fact, But it enlarges the liabilities and risk of the carrier.In view of the status that cases of delivery goods without original B/L becomes increasingly striking in judicial practice, this article, based on the investigation of the judicial practice regarding delivery goods without original B/L, and in combination-with the achievement of other experts and scholars, gives a comprehensive analyses and exploration on such legal problems as the definition of delivery goods without original B/L; the legal properties nature of delivery goods without original B/L; the validity of the letter of indemnity for delivery.without original B/L; the carrier's defense against delivery without original B/L; the discussion on the cases of delivery without original B/L. Meanwhile, the article also conduct further discussion on theories and practices regarding the properties, the liabilities, the damage indemnifications, the time limits and the letter of indemnity in relation to the behavior of delivery goods without original B/L. At last, the author, according to his own experience, offers the carrier some advice on how to avoid or minimize risks arising from delivery goods without original B/L.Zhou XuDong(International Law Department) Directed By Mr. Yao HongXiu...