Legal Issues On Issuance Of Bill Of Lading

Contract parties seldom sign the written transportation contract in carriage of goods by sea, in this kind of situation, the bill of lading is a very important document based on which to identify the carrier and the shipper. The issuance of bill of lading is enables the bill of lading legal relationship to arise.This thesis begins with the legal nature of the act of the issuance, formal, word and abstract, and then put forward the time of issuance request, the face statements of the bill of lading and the signature request. From the view of the legal nature of the act of the issuance as well as the face statements' evidence potency to research remarks in the bill of lading, remarking in the bill of lading is carrier's legal right, also is legal duty, therefore, carrier has to accurately, discretely, promptly remark so as to not expand his own responsibility also not to harm shipper's benefit. The act of issuance of bill of lading is mutual legal act, whether to issue and issue what kind of bill of lading must meeting of the minds. By the request of the shipper, the carrier has to issue the bill of lading according to law and the contract. The bill of lading will comes into effect only after the bill was given to talented person. Who is the talented person involves the subject of who can enjoy the rights , theoretically the bill of lading must be issued to the owner of the cargo. In the practice, it is not necessarily to identify who is the owner , this paper thought the consignor may cause the carrier to trust that he is the owner, when the shipper and the consignor all requested, the bill of lading should be issued to the consignor., this article also discussed several questions related to the subjects in the practice. Finally, ensample some judicial practice case to elaborate the responsibility question, non-issuance responsibility, fault record responsibility, also involved the agent responsibility related.Existing legislation in domestic law concerned is imperfect, scholars seldom touch on either, has in view of this, the author herein attempts to probe into shipping and judicial practice.