Some Legal Issues On Releasing Goods Without Original Bill Of Lading

Bill of lading plays an important role in international trade. The reason why the mode of international trade developed from the simple barter to active credit business lies in this special character of bill of lading. With the development of modern shipment and communication, the delivery of bill of document always lag behind the goods, this situation results in releasing goods without original Bills of Lading. As a consequence, the litigations arising from releasing goods without original Bills of Lading are on the increase accordingly and strike the well-balanced system of international trade. In this sense, it is necessary to have a profound study and exploration of the phenomenon of releasing goods without original Bills of Lading.This thesis consisting of five parts mainly studies on these legal issues related with the theory and practice in regard to releasing goods without original Bills of Lading.The first part illustrates the concept, forms and the various reasons leading to releasing goods without original Bills of lading, and analyzes the legal relationship and responsibilities between parties from releasing goods without original Bills of Lading. The second part lays emphasis on the nature of releasing goods without original Bills of Lading, in this part, the tort liability and liability for breach of contract and the concurrent liability for breach of contract and tort are presented individually. And point out that the act of releasing of cargo without collection of original bill of lading breaks out the commercial principle and further threaten the safety of the international trade system; however, it exits reasonably today. The third part analyzes the condition on which carriers may not assume legal responsibility, to assort theoretically various conditions on which carriers may not assume legal responsibility on one hand, and to analyze the judicial cases in practice on the other. The fourth part focuses on a few key points in practice including releasing goods without original Bills of lading by a guarantee letter and the period of limitation. Finally, the suggestions on avoidance of releasing goods without original Bills of Lading in practice are put forward in the fifth part of the thesis.