Legal Study On Straight Bill Of Lading

Recently, since more and more issues and arguments concerning straight bill of lading come out, people become to pay more attention to it. But now there are still different opinions and experiences about it in laws, practices and theories of most countries in the world. Due to these, the author thinks that it is necessary to make some study on it in a systematic way. The thesis describes the issues according to laws and theories of many countries and especially the new cases in practices by comparison and cases analysis. Limited to words, the thesis starts with the transferability of straight bill of lading and then mainly focuses on the following hot issues: the legal nature of straight bill of lading and the problems on delivery cargo without original straight bills of lading etc. And the thesis also makes some suggestions on the amendment of China Maritime Law according to its inadequacy of legislation.Besides the preface and the conclusion, the thesis consists of five chapters:Chapter One is an introduction of the straight bill of lading. It briefly introduces the concept and identification criterions of straight bill of lading, and sums up the concerned regulations and theories of many countries or regions.Chapter Two discusses the transferability of straight bill of lading. From the analysis of transferability of bill of lading and the summary of concerned laws in different countries, it points out that straight bill of lading is usually not transferable but transferability is not the essential feature of bill of lading.Chapter Three concerns with the legal nature of straight bill of lading. It compares the straight bill of lading with bill of lading by analyzing the functions of (proof of) shipping contract, receipt of cargo and document of title. Then it discusses the legal nature of the straight bill of lading and draws a conclusion that straight bill of lading is still bill of lading.Chapter Four concentrates on delivery cargo without original straight bills of lading. It deals with the problem from the cases in practices and the theories of different countries and shows that carriers are entitled to deliver cargos against production of original straight bills of lading.Chapter Five has the consideration over laws on straight bill of lading in China. It makes some suggestions on the amendment of China Maritime Law according tothe present state of laws and practices about straight bill of lading in China.