The Liability For Delivery Of Goods Without Presentation Of The Original Bills Of Landing

For a long time, the determination on the nature of the relevant responsible body legal responsibility in the delivery of goods (or cargo) without presentation of the original bills of lading (DGPOBL) is keep bothering the theory and justice practicing departments. Right of wrong of the determination on the nature matters to the outcome of a case. The diversity of determination on the nature will be definitely leads to legal application, judgments procedure and result different difference. This thesis tries to enter from this problem, combines to our General Principles of the Civil Law, Law of Maritime Commerce and Contract Law's related provision, gives a detail discourse to the determination of relevant responsible undertaker's legal obligation. Through analyzing the deficiency of our current Maritime Law, and connecting with our country's current shipping situation, this thesis put forward some ways to reduce the action of DGPOBL. I hope this thesis can bring more entrepreneur and scholar's attention, to have a research in this problem in deeper level, so that contribute our limited strength to the completeness of our Maritime Law and the justice fairness.This thesis divides to four sections.The first section is cut into the subject directly, to analyze how to determine the nature of the responsibility body's (like carrier, actual carrier, carrier's agent and the port operator) legal obligation.The second section is to analyze the compensate responsibility on the conduct of DGPOBL base on the first section, focus on discussing the confirmation and calculation methods of losing range; whether the carrier can enjoy the responsibility restriction towards to DGPOBL conduct; Carrier's interrelated defense reason .The third section is to analyze the Carrier's recovery after compensation.The fourth section raises some methods to reduce DGPOBL case, and the law countermeasure to prevent DGPOBL.