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The Analysis Of Identify And Procedure Of Legal Liability About Release Cargo Without Presenting Bill Of Lading

Posted on:2007-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:W X CaiFull Text:PDF
GTID:2166360182488059Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The cases about the release of cargo without presenting the bill of lading get the high proportion in the cases received by maritime court in recent years. The legal liability of it become the key argued by parties in the maritime cases and hot topic in the field of research of maritime law.The carrier's release of cargo without presenting the bill of lading always seems as strict legal liability. That means no matter carrier have demerit or intention or not, as long as they release the cargo without presenting the bill of lading, they will have to take the legal liability of it unless there are the some exempt. Traditionally the form of legal liability of release of cargo without presenting bill of lading is only special tort. But the form of legal liability of it become dual after middle period of the 19 century, there came forth tort and breach of contract, the two form of legal liability. Not long time later, legal liability of concurrence between tort and breach of contract appeared. The multielement of form of legal liability make it hard to be identified. The identify of legal liability of releasing the cargo without presenting the bill of lading will directly effect the final conclusion of case made by maritime court concerning about it and multilateral benefits such as the parties of sale of contract, carrier, bank, the one holding the bill of lading etc. The intention of writing this article is trying to offer some theory help for the trial of it and finally make the conclusion of case about it will balance multilateral benefits through fair, just, effective ways.The paper firstly introduce the trait of bill of lading in releasing cargo without presenting bill of lading, emphasize the trait of bill of lading is basis of it's legal liability . Bring forward that bill of lading isthe bill with feature of weaken real right and strong creditor's right and why come out this conclusion. And at the same time say no to the views which think bill of lading losing its function of real right or becoming the bill with absolute creditor's right. All of these above try to give supports of theory to the fact that the action of releasing cargo without presenting bill of lading is mostly sentenced to legal liability of breach of contract. At the same time analyze the form and identify of legal liability of releasing cargo without presenting bill of lading and the relationship between them and bill of ladingThen the paper analyze the identify of legal liability of releasing cargo without presenting bill of lading and some problem concerning it.Thirdly illustrating the legal liability of several special case about releasing cargo without presenting bill of lading and bring forward some my own ideas upon it.Finally discussing about some procedural problems concerning legal liability of it in maritime trial such as limitation of action, jurisdiction, burden of persuasion and evidential effect etc.
Keywords/Search Tags:Bill of Lading, Release Cargo without Presenting Bill of Lading, Maritime Trial, Liability of Tort, Liability of Breach of Contract
PDF Full Text Request
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