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About The Legal Effect Of Marine Shipment Insurance

Posted on:2010-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:X CengFull Text:PDF
GTID:2166360275457260Subject:Economic Law
Abstract/Summary:PDF Full Text Request
More and more developed in the maritime,shipping more and more to increase the speed of the environment,the bonds came into being.The emergence of maritime shipment system is based on the level of production and transportation,bills of lading usually arrive earlier than the goods are required to see the bill and release the cargo,and this system guarantees the delivery of seaborne cargo strict system to avoid wrong delivery.However,in the present sea conditions, greatly increased the speed of shipping,and the flow rate of the bill of lading the goods are often slower than the speed,causing an obstacle to timely delivery,in order to protect the open sea to avoid the loss of the carrier and the consignee of the remaining deferred admission loss of goods produced by the consignor a clean bill of lading issued in exchange for guarantees,by the consignee,the consignee or third person and issued a third party guarantees and advance the delivery bill of lading to a carrier due to sign a clean bill of lading or the losses caused by releasing the cargo in advance by the signing of third party guarantees or liability.Guarantees the purchase of the two sides have resolved the deadlock on some of the plight of the dispute,the parties to bring fast,convenient,and financing and other benefits,but also to a certain extent,the prosperity of the maritime trade.However,the selection of bonds based on the original bill of lading for the delivery of the goods of the inverse of the international management of serious damage to the rigor of maritime transport system,reducing the credibility of the bill of lading, but also because people will lead to malicious use,improve the chances of fraud.Therefore,the effect of guarantees in the world has not been fully recognized in the relevant international and domestic legislation,Effect on the bonds that the trend of development from the sea and from an economic perspective,the guarantees for the shipper,carrier and the consignee has the active role,although the bonds have had a fraud of their interests a series of damage,but as long as guarantees perfect system to guarantee the effectiveness of the scope and depth in the given constraints,it will make it more than a negative effect on an active role.In this paper,the background from the bonds,values,meaning the beginning of analysis,from an economic point of view,the various regional,national systems of bonds,analysis of the inevitability of the existence of a bond,and an analysis of China's maritime system guarantee system in China defects,improves methods to enhance the effectiveness of our system of guarantees.
Keywords/Search Tags:Bonds, bills of lading, Legal effect, shipper, delivery person
PDF Full Text Request
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