About The Bill Of Lading's Property Of Real Right

Bill of lading is the most important document in international trade. In the recent years, as the development of international trade, B/L plays a more and more important role and disputes involving B/L become more and more. The quality of B/L has not been regulated no matter in relate international treaties, international conventions or laws in our own country, and thus the quality of B/L is vague and lack in the legal field. Opinions vary among scholars in the legal field about whether B/L is a document of title. It is reckoned in this paper that to admit B/L is a document of title has important significance in the long-term development in international trade.As a document of title, its function of real right character runs through many procedures in international trade, including using B/L to replace the delivery of goods in the procedure of dealing, the carrier discharging goods against B/L after goods arriving destination, implementing assignment of goods using the delivery of B/L, using B/L as the mortgage in the payment to bank of the purchaser and so on. The real right character of B/L is the most fundamental and core value in international trade. Thus, it is beneficial to clear the definition of B/L, to cognize ownership of goods in international trade and assist trials in maritime disputes to admit the real right character of B/L in relate international treaties and laws in our country and to regulate real right category represented by B/L.This paper firstly discusses the definition and category of B/L, then addresses functions and embodiments of B/L as document of title in using B/L to replace the delivery of goods in the procedure of dealing, the carrier discharging goods against B/L after goods arriving destination, implementing assignment of goods using the delivery of B/L, using B/L as the mortgage in the payment to bank of the purchaser. This paper, by combining relates Chinese laws such as property law, discusses that the real right B/L represented is the possession of goods. In the end, this paper discusses disputes of delivering goods without B/L on the basis of real right character and gives some legal advice.