Legal Research On Remarks On Bill Of Lading In Ocean Shipping

Remarks on Bill of Lading mean the written remarks added on the face of Bill of Lading noting the accuracy of the name, mark, number of packages, weight or volume of the goods and the surface conditions of goods objectively, reflecting the actual conditions of the goods recorded by Bill of Lading. Remarks on Bill of Lading are not only related to the interests of many parties such as consignor, carrier and consignee, but also the requirement for sales contract and successful settlement of exchange from the Bank in the phase of shipment. Therefore, the carrier shall pay due and reasonable attention to inspect the packages as well as the surface conditions of goods before issuing the Bill of Lading. Making remarks on Bill of Lading is the legal right and obligation of the carrier. In the shipment industry, it is very important for the carrier to inspect the surface conditions of goods, resort to reasonable methods to inspect goods, use proper words for the remarks and so on. From this respect, this thesis has used the writing method of combining the discussion of the theoretical knowledge of Remarks and the pragmatics on relevant issues of Bill of Lading, hoping to a clearer understanding of Remarks on Bill of Lading, facilitating and guiding the shipment industry to a healthy development.This thesis consists of six parts as follows:The part of preamble mainly introduces related studies on legal issues of Remarks on Bill of Lading and the purposes of this thesis.Partâ… expounds the basic knowledge of Remarks on Bill of Lading. Firstly, it introduces the basic definition and categories of Remarks on Bill of Lading. Secondly, with starting from the legal attribute of Remarks on Bill of Lading, this part analyses that making remarks on Bill of Lading is the legitimate right and obligation of the carrier. Lastly, standing on the shoes of consignor, carrier and consignee, it elaborates remarks on Bill of Lading is practicable on pragmatics and legality.Partâ…¡elaborates the execution of making remarks on Bill of Lading. Firstly, regarding to the subject, object and content, it sets forth the conditions needed to execute the right of making remarks on Bill of Lading, i.e. the subject is the carrier or his/her proxy; the object is number of packages and the surface conditions of goods, but not the quality of goods; the content includes negative remarks and reserve remarks, according to different standards, stating the objective conditions of goods and their packages. Secondly, according to the disputes arising in the industry of shipment, it states the carrier how to execute the right of making remarks on Bill of Lading correctly and properly from five aspects.Partâ…¢analyses the reasons of as well as elaborates the allocation of legal responsibility for the disputes arising related to remarks on Bill of Lading.Partâ…£discusses from the statutes how to perfect the regulations regarding to Remarks on Bill of Lading and makes suggestions from marine practices about how to exercise the right of making remarks on Bill of Lading by the carrier.The part of conclusion summarizes the main points of this thesis and brings up the expectations.