Research On Legal Liabilities Of Delivery Of Cargo Without Presentation Of Original Bills Of Lading

The bill of lading is very important voucher in maritime transport of goods. It proves that the carrier has sent the goods to the shipper and the shipper received. It also proves that there is a carriage contract between the carrier and the shipper and it shows both sides'main basic rights and obligations of goods and goods ownership. According to international shipping convention, generally the carrier has the obligations prescribed to deliver the goods in the unloading port by the original bill of lading. Original bill of lading is required by the basic principles of international shipping. The carrier without the original bill of lading deliver the goods need to bear legal responsibility that is beyond doubt, but the problems just like the carrier should undertake exactly what the legal responsibility, and how undertake, under what circumstances the carrier without the original bill of lading deliver the goods needn't dear responsibility etc., because the existing three convention no consistent, specific and detailed stipulate, various countries have their different conventions. The carrier shall bear the responsibility, involving how to define legal liabilities of the original bill of lading behavior. And different definitions legal liabilities of the original bill of lading behavior often leads to the different positioning of the applicable law, trial procedure and the verdict. This produce the most prominent in the bill of lading disputes.Through expounding delivery of cargo without the original bill of lading's concept, causes, present situation and legal consequence historic phase analysis, this paper concludes delivery of cargo without the original bill of lading's legal liability attribute, disclaimer reasons and relief approaches, finally combining the new legal rules "the Rotterdam Rules" and "the Rules of Delivery of Cargo without Presentation of Original Bills of Lading", through contrasting the differences legal rules of domestic and international conflict of delivery of cargo without the original bill of lading, I give little advice about how to coordinate and choose those conflicts.This paper includes three parts of the text except preface and ending. The first part outlines the delivery of cargo without the original bill of lading's concept, causes, present situation, legal results, legal liability attribute, disclaimer reasons and relief approaches, this part summarized mainly in historic phase analysis. The second part introduces the newest regulations of domestic and international of delivery of cargo without the original bill of lading. The third part contrasts the differences legal rules of domestic and international conflict of delivery of cargo without the original bill of lading through the Rotterdam rules and the rules of the delivery of cargo without the original bill of lading, and through analyzing the advantages and disadvantages of the Rotterdam rules and the rules of the delivery of cargo without the original bill of lading evaluate on the Rotterdam rules and our country law mandatory provisions of conflict, China should how to coordinate and choose those conflicts.