Study On Legal Problems Of Sea Waybill

Bill of lading(B/L), as the certificate of property ownership, the sales contract and the receipt of the goods, bears important responsibility in classic marine transportation. However, in recent years, with the development of science and technology and the booming of innovation of containers, the status of B/L, due to its own institutional defect, has been greatly shocked by some new documents, one of which is the sea waybill.The application of sea waybill can simplify the process of transportation, improve the efficiency, and to some extent make up the shortage of B/L. It has prominent advantages and positive merits compared with B/L in the procedure of management, the effectiveness of control over the goods and other aspects. Nevertheless, the characteristic of non-property ownership certificate and non-transferable by endorsement makes it difficult to be broadly applied. The sea waybill can only for a transitional period, other than replace B/L completely. Sea waybill builds the bridge between classic papery B/L and EDI, which provides a shortcut to meliorate B/L.This thesis is composed of six parts and the author tries to solve the following problems of Sea waybill.The first part is a brief introduction of the sea waybill, on the basis of the introduction, the author analyzes its appearance reason and thinks that is mainly due to the institutional defect of the B/L itself.In the second part, the author studies the difference in legal nature between the sea waybill and bill of lading, telex release bill of lading and point out the prominent advantages of the sea waybill . At the same time, the author thinks the non-property nature of the sea waybill is also its limitation.In the third part, the author studies the sea waybill's practicing significance. Integrating the sea waybill to the practicality is the necessary for the creativity and development of the international trade .The application of sea waybill is a good measure to solve the problem of releasing goods without original bill of lading; a better applicability to the development of EDI, which will follow a rational line to replace the statue of B/L under this mode. Meanwhile, it well suits to the new delivery under FCA/CPT/CIP. So, the author ^thinks the sea waybill has a positive value nowadays.In the fourth part, the thesis introduces some knowledge of international legislation about sea waybill to discuss about its application.In the fifth part, the author analyze the problems emerged from its application, illustrating its effectiveness aspect of creditor's rights, evidence etc.In the last part, the author studies the future tendency of the sea waybill and gives the suggestion on its perfect. The author points out the sea waybill can only for a transitional period, other than replace B/L completely. In the future, EDI(electric ) represents the tendency of the development of trade and marine transportation, whereas some duration is still needed for EDI's popularization .Facing current booming of sea waybill around the world, it is necessary to make a systematic study on it, and make some regulations on the scope of application of sea waybill.