The Legal Research For The Nature Of Straight Bill Of Lading As Document Of Title And Releasing The Cargo By Virtue Of A Straight Bill Of Lading Issued

A straight bill of lading, refers to a bill of lading which is filled with a named consignee only in the "consignee box". It is not transferable or not negotiable by law in many countries. Because of this, it is rarely used in international trades. So its influence is much less than that of a negotiable bill of lading. Recently, with the development of international trade, straight bill of lading has been frequently used in maritime transport, especially in general cargo transport. Correspondingly the disputes about straight bill of lading increase quickly. And these issues are addressed in different ways in different countries, whether by law or by practice. So the article describes these issues according to many countries' laws and practices by comparison. The article focuses on the following issues: whether straight bills of lading are documents of title and whether carriers must deliver cargo against production of original straight bills of lading under the systems of law of P.R.C and give some opinions of my own.This thesis falls into four chapters. In the first chapter, with a brief introduction of the definition of straight bill of lading , an important issue embodied in the different rules of law specified by different nations. This thesis points out that the discussion on straight bill of lading should be limited in the system of law of P.R.C. Otherwise, the discussion will not likely be carried on due to uncertain background of law system.Chapter two focuses on the function of document of title whether or not possessed by straight bill of lading . Firstly , this thesis examines the meaning of document of title and the reason for a bill of lading to be a document of title .Then it studies on this function whether or not possessed by straight bill of lading under systems of law of P.R.C.Chapter three examines the system of law in respect of the delivery of goods not against surrendering straight bill of lading. With the cases increased at home and abroad with respect to the delivery of goods not against surrendering straight bill of lading ,this issue hereupon becomes a focus of attention of judicial and research .Nowadays, there has been much dispute over this issue. So addressing it another important part of this article .According to the attribute of straight bills of lading ,the author comes to a conclusion that carriers may deliver cargo without production of original straight bills of lading , and suggests that China Maritime Code needs to be amended accordingly.Chapter four : A viewpoint comes up with how to modify the articles regarding straight bill of lading provided for in CMC. In the end of the article ,the present state of straight bill of lading in China is discussed in particular. Thinking that there lie some unreasonable and faulty ingredients in China Maritime Code concerning straight bill of lading ,the author makes some suggestion on the amendment of China Maritime Code.