Research On The Source Of The Bill Holder's Rights And Obligations

Article 78 of Maritime Coad only provides that the relationship between the carrier and the bill holder is "determined according to the provisions of the bill of lading", but not make a clear explanation of the source. The corresponding consequences in the judicial practice is the debate of the nature of "rights and obligations under the bill of lading ". It is also the origin of weather the bill of lading is the document of title debate in the academic. There by affected the stability and continuity of the administration of justice, also destructed the balance of interests of the carrier and the bill holder. In order to protect the mechanisms credit of bill of lading and the healthy development of international trade, we need to return to the level of civil law, to determine the source of rights and obligations, clarify the nature of the rights and obligations only on the basis of clarify the source.This paper is divided into five parts.Partâ… :Issues and Approaches are proposed. The source of the rights and obligations of bill holder should be studied from the contract law aspects.Partâ…¡:From coming into being, development, and functions of bill of lading in shipping, come to a conclusion that the bill holder's right to request to deliver from the shipping contract. Next on the introduction and evaluation of relevant theory of the sources of bill holder's rights and obligations, found that all theories are not sufficient to fully explain the question.Partâ…¢:From "Partial Transfer of the Contract" theory perspective research the source of the rights and obligations of the bill holder. After a brief review of the history of the contract transfer system with contract law provisions on contracts transfer, the author compared transfer contract with perform to a third party contract and for the third party interests contract.Part of the Contract of carriage goods by sea be assigned, there are several creditors. The bill holder and the consignor become creditors of the carrier. It finds the basis for the source of rights and obligations of bill holder on Contract Law level. So we can establish a sound bill of lading credit system. Another function of bill of lading is to notify the debtor that partial contract transferred, thus strengthening the principle of delivery of goods voucher. Partâ…£:From judicial Interpretation of delivery of goods without bill of lading came to a conclusion that the bill holder is the assignee of partial contract transfer.Partâ…¤:Conclusions:1. bill of lading to the bill holder is the contract of carriage, holding a bill of lading would have the right to request delivery.2. when the bill holder holds it, partial contract of carriage by sea transfer occurred in the same time, the consignor has control over goods in transit, with a bill holder has the right to request delivery.3. The contents of judicial interpretation of delivery of goods without bill of lading in real terms is regard the bill holder as one of the parties to the contract.4. The source of rights and obligations of the bill holder is from partial transfer of contract of carriage of goods by sea.