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Delivery Without B/L And Its Research

Posted on:2008-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:J LuFull Text:PDF
GTID:2166360242457806Subject:Law
Abstract/Summary:PDF Full Text Request
Considering the fact that Delivery without Original Bill of lading(Delivery without B/L) happens frequently, and the disputes so caused are increasing. The object of this thesis is to analyze the legal issues of the delivery of goods without the original bill of lading in the international carriage of goods by sea, the main purpose is to carry out the research on various of viewpoints held by the current maritime law circle and the perplexity encountered by the Chinese courts while the case of such the kind was dealt with.First chapter analyzes the origin, definition of the Bill of Lading and the development of its function. Bill of Lading had become a foundation of international trade and maritime. It is a talented tool, which pushed international trade from trade in kind to trade in document. Bill of Lading act as a important document in international maritime transport . It play a important role in international trade.To give reasons the serious result of delivery without original Bill of Lading and to indicate that the necessity to settle this problem. The second part analyzes the concept and the background of delivery without original Bill of Lading. At the same time, analyzes the current situation.The third part stress on carriers' liability assumes. Separately analyzes the origin of obligation ,the exception to liability assume and law remedy after carrier had be hold responsible for delivery without original Bill of Lading. And analyze the quality of law concern delivery without original Bill of Lading.The forth part emphasizes maritime justice. Elaborate the maritime trial stress on qualitative analysis by phase.Finally the author proposed the specific comments and recommendations to solve the problem of the delivery of goods without the original bill of lading, the major parts including the establishment and improving the legislation of bill of lading act, improving guarantee system, urging the global uniformity of all legal system of bill of lading, and regulating the relevant judicial behavior.On this thesis, the author quote few of cases concerned delivery without original Bill of Lading to evident the current situation. Aim for holding the objective situation and finding out inherent laws. Hope for putting forward ways to settle the problem.
Keywords/Search Tags:Bill of lading, Delivery without original Bill of Lading, Carrier, Holder of Bill of Lading, Liability assume, Guarantee
PDF Full Text Request
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