The Fundamental Research To The Law Nature Of Delivery Of Goods Without Presentation Of Bills Of Lading

Along with the development of international trade , the marine goods traffic is even more obvious in the world economics development . But in recent years, because of the modern shipping technology progress and our country correlation system not perfectly ,the profession of management is chaotic,the case of "delivery of goods without presentation of bills of lading" occur massively . Our "Maritime law" is simple to the bill of lading stipulation. It only takes it as the bill of transports to locate,and has not made the specific stipulation to the bill of lading and the cargo payment.The theorists does not have the consistent opinion to the delivery of goods without the lading of goods. In the judicial practice, because we does not have the system of the rationale, we can see frequently the qualitative widely divergent situation. In order to avoid this kind of similar case, qualitatively being different even between first trial,and second trials ,It has the necessity to form the system of the theory. This article thought it cannot have the same quality, we must analy the legal nature of it separately between the two opposite parties as well as the different litigant's different relations in each kind of situation.