Study On Legal Obligations Of Person In Charge For Delivering Goods Without Bill Of Lading

There are more and more disputes in our shipping area due to delivery cargo without original bills of lading which makes us headache no matter he is carrier/receivers or the others. There are always times of trials before a final judgment given because such cases are so uncertain and there is not any clear rule in our maritime legal system.It's the holders' rights are protected according to judgment in the past. And in most circumstance, it's the party who delivered cargo without original bills of lading have to take the responsibility of tort or breach of contract, i.e., it's the holder of original bills of lading can win the case while the parties who delivered cargo lose. But I can not agre(?) the way to make judgment straightforward because the different behaviors/ objects / subjective and impersonal conditions will lead to different legal factors and relationship. We can not say it must be the responsibility of the person who released cargo without original bills of lading. We should pay attention to these cases in which carrier or their agent win such case when they have sufficient evidence to defense. We also shall pay attention to the letter of indemnity and the obligation of consignee without original bills of lading who of course have the tort liability. But we have to think about if there is any other obligation of him. For letter of indemnity to deliver cargo without original bills of lading, it's so important to identify if it is valid what relate to the position of consignee and carriers' compensation. On the contrary, protection the holder of bills lading makes the basic of international trade and can enhance the real right of bills of lading. So it's so important to identify the real holder of bills of lading. There is the possibility for holder of bills of lading to loose their rights under bills of lading if they take the wrong action. To avoid this and to shoot for maximal rights, the holder of original bills lading must choose the right defendant and lawsuit.Based on above, the article uses all the parties composing the relationship of delivering cargo without original bills of lading as a clue, combines the foreign cases of delivering cargo without original bills of lading and research legal problems in detailed. At the same time, from the different angle the article analyses internal relations between them in order to clear conceptions about right, obligation and share of the responsibility in the situation and legal problem of delivering cargo without original bills of lading. Emphasizing the whole the article discusses the legal responsibility of all the parties when delivering cargo without original bills of lading in another direction. From the article author prefer arousing more and more specialists and scholars research relationship of delivering cargo without original bills of lading deeply and hope the article would provide food for thought in perfection of maritime legislation and particular operation of judicial practice.