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Research On Transfer Of Ownership Of Goods Under The B/L

Posted on:2009-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:X C QiFull Text:PDF
GTID:2166360245486225Subject:International law
Abstract/Summary:PDF Full Text Request
The transfer of ownership of shipping goods is a complicated issue, and compared with the average transfer of ownership of goods, the transfer of ownership of goods under the B/L has its own special qualities. The B/L is the core of shipping trade, which is the document for delivery and receipt of goods. Although there are different opinions in maritime academia, we insist that the B/L represents the goods and it is the document of title. The delivery of B/L equals to the delivery of goods. But the effect of document of title of B/L is not absolute, it needs to further satisfy the average rules of transfer of ownership in the civil theories, that is, besides the condition of delivery of B/L, the transfer of ownership of goods under the B/L needs to satisfy the three rules as follows: the person who transfer the B/L must be the right holder of B/L, the goods is under transport and the intent of transfer by relevant parties.During the process of move of the B/L, the transfer of ownership of goods is different upon different situations of move. The specific situations are as follows: in the non-negotiable B/L situation, the transfer of ownership of goods shall be bound by different legislations and practices of the world nations; the delivery of negotiable B/L represents the transfer of ownership of goods in most situations; if the B/L returns to the shipper, the ownership of shipping goods shall be returned or owned by the shipper; in the situation the L/C is issued, the ownership of goods under the B/L shall be transferred upon delivery of the B/L from the seller to the bank.The electronic B/L(e-B/L) is a combination of electronic data interchange(EDI) and B/L which holds the advantages of low cost, high efficiency and high security compared with the paper B/L. In the e-B/L system, the e-B/L has the effect of title with which the e-B/L can be negotiable by the using of electronic password. And for the design of electronic password system, the e-B/L can carry out the function of the paper B/L of transfer of ownership of goods upon the transfer of paper B/L. However, as the international and national systems on e-B/L are not perfect yet, it is top urgent by the shipping practice to enact or revise legislations on e-B/L to establish and make improvement of law system on the e-B/L.
Keywords/Search Tags:B/L, Transfer of ownership, e-B/L, Conflict rules
PDF Full Text Request
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