Research On Legal Liabilities Of The Carrier's Delivery Of Cargo Without Presentation Of Bills Lading

Making use of original B/L in settling accounts and receiving goods makes the whole international economy and trade have the nature of security and efficiency. Carrier's delivery of cargo without presentation of B/L refers to the behavior that the carrier does not deliver goods by original B/L. The phenomenon has brought enormous harm to trade, shipping, finance and other relevant aspects. It also has a great impact on the global B/L system, international trade and international shipping rules. Lawsuits caused by delivery of cargo without presentation of B/L also take place constantly. Because of the limited length of article and my knowledge, this paper only expound a single problem that is the legal liabilities of delivery of cargo without presentation of bills of lading, attempting to analyze legal liabilities of it from various perspectives.The object of this thesis, which is composed of five chapters, is to analyze the carrier's legal liabilities for delivery of cargo without presentation of B/L by carrying out the research on relevant provisions of international conventions, relevant cases and various viewpoints held by the scholars.In Chapter One, the concept of delivery of cargo without presentation of bills of lading.This section introduces the definition of delivery of cargo without presentation of bills of lading.In Chapter Two, it begins by discussing the legal character of delivery of cargo without original bills of lading and various theories of this point. Then it comes to the brief introduction to four stages of China's legal practice with respect to the issue.In Chapter Three, it conducts a research on the legal liabilities of the carrier by discussing the way the carrier bear, the scope of liabilities, the limitation of liabilities.In Chapter Four, it mainly demonstrates the issues of relief and plea on the legal liabilities of delivery of cargo without presentation of B/L. After discussing how the carrier makes use of right of recourse and letter of guarantee to protect itself, the author mainly demonstrates the causes of plea the carrier may propose in litigation.