A Study On The Legal Issues Of NVOCC's B/L

With the rapid development in containerize sea transport, the NVOCC (Non-Vessel Operating Common Carrier) legal system separates from freight forwarding industry. NVOCC has been substantially enriched at the same time. Its special characteristics and legal roles are gradually acknowledged in transportation industry.NVOCC refers to this kind of enterprise, which doesn't operate or own any vessel, but, in the name of the carrier, receive consignors' cargo for transportation and issue its own bill of lading or other corresponding transport documents, and is entitled to collect freight and obliged to fulfill the contract for transport through actual carrier. NVOCC is looked upon as a carrier in House Bill of Lading while as a shipper in Ocean B/L. When NVOCC receives consignors' cargo, he should issue his own bill of lading to consignors, but on the other hand, NVOCC should book space from actual carrier in the name of consignor and receive the B/L from actual carrier. Therefore there are two contracts for transport and bills of lading for the same cargo, which makes the legal relationship of B/L in the business of NVOCC more complex than that in liner transportation.The article is composed of six parts. The first chapter is a foreword that mainly introduces the outcome and development background of NVOCC. The topic of the legal issues of NVOCC B/L is raised. The second chapter summarizes the system of NVOCC. This chapter gives a clear definition, concept, character, legal status of NVOCC. The third chapter specializes in the study of the B/L of NVOCC. In this chapter, the writer introduces the circulation of NVOCC B/L and does some research on the legal characters of NVOCC B/L, which compared with ocean B/L. This chapter also discusses the administrative system of House B/L in china and the effectiveness of House B/L and its clause. The fourth chapter specializes in how to identify carrier of House B/L. On the basis of research into difference between NVOCC and forwarding agent, the core of the chapter is to conclude criteria to distinguish the role of forwarding agent and the role of NVOCC in legal sense. The fifth chapter discusses the responsibilities of NVOCC and the joint liability assumed by the actual carrier and NVOCC. The sixth chapter is a conclusion of the whole article. The comparative study and demonstration analysis method is adopted in this article. Based on the law theory and the practice, this article finally provides some advice to perfect the legislations regulating NVOCC and House B/L system in china.