Responsibility Ownership And Exception Which Delivery Of The Goods Without The Original B/L

Along with the navigation technology and the trade development, is engaged in the transportation specially the carrier appearance, appears bill of lading this kind of tool, the corresponding bill of lading legal dispute also arises at the historic moment, mainly includes without the list sells goods, but actually signs, in advance borrows the bill of lading and the bill of lading postil dispute three big kinds. This article attempts from to depend on the original bill of lading delivery the legal basis, without the nature, without the list which only sells goods sells goods the behavior limits, the typical modus reason and contradicts, the responsibility ownership as well as the exception and so on several aspects, to sells goods this focal point question without the list to make the preliminary discussion. To without the question which only sells goods organizes, and key to the current academic circles about its question and so on behavior nature and letter of guarantee potency viewpoints experimentally proposes the question, and comes up the understanding by a brand-new angle from logic to sell goods the responsibility question without the list, finally proposed the solution sells goods the question way without the list, mainly has the use marine transportation bill of lading, uses the electronic bill of lading, the export side enterprise signs CIF or the CFR contract as far as possible. But in the practical application the people to sell goods the question key to the situation suggestion without the list to make some sense, but all has the malpractice. In the final analysis, the question solution lies in raises people's legal consciousness under, clarifies risk which sells goods without the list possibly brings, in addition, but also should reduce the barrier which the single card pasts exists, from subjective, objective two aspects, between fair, the security and the efficiency seeks the best balance point. At present adds the procedure by the transcription bill of lading which the letter of guarantee takes delivery of goods to be to a certain extent advantageous to acceleration cargo pasting, the alleviation harbor crowded pressure, but utilizes to the original bill of lading possessor's benefit also is massively one kind of violation. Depends on the original bill of lading payment cargo is for the various countries' law agreed and has become the convention which the international trade and the shipping interest accept...