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The Study On The Legal Nature Of Anti-dated Bill Of Lading

Posted on:2011-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2166330332473704Subject:International Law
Abstract/Summary:PDF Full Text Request
The status of bill of lading is very important in international trading, it not only resolve the difficulty on understand the other party's honesty during the trading that two parties are in different countries, but also provide convenience to two parties for financing. The liability of a carrier is the core of Maritime Transport law. The reason that business man and bank widely accept bill of lading till now is the certainty, stability and allocating risk and responsibility fairly on implementing bill of lading.It is still not clarified the legal nature of anti-dated bill of lading, based on the multiple natures of bill of lading, anti-dated bill of lading also have multiple natures. The third paragraph in this article states five theories nowadays, then the author will illustrate aggrieved party instituting a proceeding for breach of contract is better than tort, since the burden of proof is slight and the theory of breach of contract is much complete. The author wish try his best to assert parties right.The purpose of this article is not only introducing the concept and feature of anti-dated bill of lading, it is not only for resolving the problem that how to prevent anti-dated bill of lading raised in practice, the real aim is the author hope understand <> and promote development on <> regarding system of bill of lading according to study the legal nature of bill of lading.
Keywords/Search Tags:anti-dated bill of lading, tortious liability, contractual liability, bill of lading fraud
PDF Full Text Request
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