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

In the contemporary international trade, bill of lading has great significance. Voucher delivery is a basic principle in the practice of international shipping. But in the real life, carrier may have to deliver the goods against a letter of indemnity or a bank guarantee, especially in trades where it is difficult or impossible for the bills of lading to arrive at discharging port in time.Recently year, the delivery of cargo without bill of lading becomes the hotspots both in theory and practice. The Chinese maritime court has heard many cases about delivery of goods without bill of lading since its establishment. From the different judges we can see that the identification of delivery of cargo without bill of lading is varied in different periods.This paper focuses 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.In this paper, the full text is divided into five parts in addition to introduction and concluding remarks.Part one begins with exploring the property rights on the bill of lading, analysis of the bill of lading which has the property and bond properties, which lay the foundation for analysis of carrier's liability of delivery of goods without lading.Part two introduces various doctrines about the nature of delivery of cargo without presentation of bills of lading. It discusses the legal character of delivery of cargo without original bill of lading and various theories on this issue. Then author gives own views, in most cases, it can be regarded as a breach of the contract, but in some other cases, it can be considered as both breach and tort.Part three discusses the basis of liability, this part is a deep analysis and research on whether carriers can use the unit limitation of liability.Part four in-depth analysis and research for the carrier accountability in such manner and scope of compensation after they delivery of goods without lading.Part five discusses the basis of liability, this part is a deep analysis and research on whether carriers can use the unit limitation of liability and a summary of issues to defense.Focusing on the legal issues of the carrier's delivery of cargo without presentation of bill of lading, the author tries to carry out systematic research on the problems of the carrier's delivery of cargo without presentation of bill of lading from all angles, and describes these issues according to many countries' laws and practices by comparison. The author hopes it will be helpful to perfect the theory and practice of the issue of the bill of lading, and devote itself to the development of China's maritime law.