Research On Legal Liabilities Of The Carrier's Delivery Of Cargo Without Presentation Of Bills Of Lading

By now, bill of lading (B/L) has already become a kind of documents which plays a positive role in the whole course of international dealings, transport and settles. Making use of original B/L in settling accounts and receiving goods makes the whole international economy and trade have the nature of security and efficiency. Carrier's delivery of cargo without presentation of B/L refers to the behavior that the carrier does not deliver goods by original B/L. Statistics of relevant materials show that more than 70% of imported goods in Southeast Asian countries, more than 90% of imported goods in Japan and 90% of imported goods in some ports of China are delivered without B/L. The phenomenon has brought enormous harm to trade, shipping, finance and other relevant aspects. It also has a great impact on the global B/L system, international trade and international shipping rules. Lawsuits caused by delivery of cargo without presentation of B/L also take place constantly.Considering frequent disputes arising out of delivery of cargo without presentation of B/L, it is necessary to conduct research on legal issues of delivery of cargo without presentation of B/L.The object of this thesis, which is composed of five chapters, is to analyze the carrier's legal liabilities for delivery of cargo without presentation of B/L by carrying out the research on relevant provisions of international conventions, relevant cases and various viewpoints held by the scholars.In Chapter One, the author tries to analyze the meaning of the carrier's delivery of cargo without presentation of B/L by discussing the concept and identification of the carrier. The author gave a brief introduction to causes of the carrier's delivery of cargo without presentation of B/L.Chapter Two begins by discussing the legal character of delivery of cargo without original bills of lading and various theories of this point. Then the author gives his own views of this issue: the legal character of this issue can't be unified, in most cases, it can be regarded as a breach of the contract, but in some other cases, it also can be considered as action in tort or both of breach and in tort. Then it comes to the brief introduction to three stages of China's legal practice with respect to the issue.Chapter Three conducts a research on the legal liabilities of the carrier by discussing the way the carrier bear, the scope of liabilities, the limitation of liabilities.Chapter Four mainly demonstrate the issues of relief and plea on the legal liabilities of delivery of cargo without presentation of B/L. After discussing how the carrier makes use of right of recourse and letter of guarantee to protect itself, the author mainly demonstrates the causes of plea the carrier may propose in litigation.Chapter Five gives a brief introduction to relevant provisions on the carrier's legal liabilities of UNCITRAL DRAFT INSTRUMENT ON TRANSPORT LAW.Finally, the author proposes his own views on legislation and judicial suggestions which may help solve the problem on delivery of cargo without presentation of B/L. Focusing on the legal issues of the carrier's delivery of cargo without presentation of B/L, the author tries to carry out systematic research on the problems of the carrier's delivery of cargo without presentation of B/L from all angles, and at the same time, the author wants to enhance the communication with experts who study the theory of maritime law or do practical work to contribute to the development of China's maritime law.