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Delivery Of Goods Without The Carrier On The Sea Of Liability

Posted on:2012-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y N XinFull Text:PDF
GTID:2166330335484916Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Voucher delivery of goods from the carrier's obligation to regulate the law, is reflected in two aspects, one is under contract of carriage, the carrier's delivery obligation, the other is based on the bill of lading itself is a document of title of goods receipts and property. Delivery of goods without doubt is the illegal act, but in practice it a lot of shipping there, blindly require the carrier to take delivery of goods without legal responsibility is not fair, in certain circumstances, the carrier can be liable. Starting from the essential attribute of the bill of lading, whether negotiable document of title to property is non-negotiable transport documents and the main difference between the transport document, so both in the delivery of goods without exclusions carrier situation is different.The reality of non-negotiable transport document mainly refers to the straight bill of lading, straight bill of lading is the only feature of its non-negotiable, the carrier straight bill of lading is issued when the recipient has established and can not change, so it is not property certificate, the carrier can delivery of goods by confirming the identity of the consignee and not by straight bill of lading for delivery of goods. Straight bill of lading, the carrier may be exempted from liability for non-delivery of goods, and can control to improve the division of goods bill of lading for goods delivery problems.As a negotiable transport document for sale, the carrier issuing the bill of lading bill of lading did not know the circulation of the situation, so when the carrier delivers the goods only through the bill of lading to determine the identity of the consignee, it must be given a negotiable transport document properties effectiveness of the right credentials. Effectiveness of the bill of lading document of title as follows:the transfer of lading bill of lading means that the transfer of goods under. The delivery of goods without the nature of the cargo transport phase is defined as the statutory debt, the most consistent with the role and function of the bill of lading, negotiable transport document in the delivery of goods without liability under the carrier's exemption, is also based on their own properties and transport bills of lading contract."Rotterdam rules" of the international community to address the problem of delivery of goods without the latest achievements, in particular the provisions on the delivery of goods, specified a carrier how to deliver the goods, especially in the negotiable transport document is issued under, Under certain conditions, eliminating the carrier had no legal responsibility for delivery of goods. Regardless of "Rotterdam rules" can formally implemented, some of its provisions are changes in terms of bill of lading system, and helps improve the bill of lading system.
Keywords/Search Tags:Delivery of good without bill of lading, Carrier, Straight bill of lading, Negotiable transport document
PDF Full Text Request
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