Study On Legal Issues Of Bill Of Lading Transference

The bill of lading has been used since 14th century. It is one of the important documents both in cargo shipping and international trade. To solve the difficulties of delivery and the payment in the international trade, the transferable bill of lading came into being, and the transferability thus become the key of the bill of lading. During bill of lading transfer, for its special functions those issues concerned appeared to be more eomplicated. Nevertheless, China Maritime Code does not regulate issues concernmg bill of lading negotiation roundly and systematically. And It cannot seek a better resolution by international conventions such as Hague Rules, Hamburg Rules, So there remains many matters and disputes unresolved in practice.Aiming at the above legislative situation and matters in practice, this thesis starts with the law character of bill of lading, then undertakes elaborated discussions about the transfer conditions of bill of lading, transfer meaning of bill of lading, as well as it's character and effecti cness, and other relative issues, with bringing forward legislative suggestions finally At first, this thesis sets out to analyzing the securities character of bill of lading and concludes it has both the real right effect and the obligatory right effect. Then the thesis make clear the transferability and the transfer conditions of bill of lading. Furthermore, base on theory and practice, this thesisprobes into the transfer characteristics, meanings and mode of bill of lading. According to the special functions of bill of lading, this thesis probes into classified discussion of the transfer character and effectiveness of bill of lading, suggest the establishmciit of rules on the good faith purchase of the bill of lading, so as to seek theoretical bases, which constitutes the core of this thesis.At last, based on foregoing discussions, this thesis comes to the conclusion that is to put forward legislative suggestions in relation to the relative issues concerning bill of lading transference.