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Study On Legal Issues Concerning Ante-dated Bill Of Lading

Posted on:2010-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:S GuFull Text:PDF
GTID:2166360275460460Subject:Law
Abstract/Summary:PDF Full Text Request
Bill of lading(B/L),originated in Middle Ages Europe,is a document provided by the carrier to the consigner in marine transportation.With the development of international trade, the role it plays in the international trade and shipping is becoming increasingly prominent with the development of its functions,many legal problems have emerged,anmong which ante-dated bill is the most commenly occurred fraudulent prcatice.Usually,ante-dated B/L is to make the boarding date noted on B/L meet the requirement of the letter of credit by taking wrong record of the issuing date so as to achieve the goal of settlement of exchang.Based mainly on the relevant cases of the court,this article,started from the principles of civil law and commercial law combined with some domestic laws such as GENERAL PRINCIPLES OF CIVIL LAW,CONTRACT LAW,MARITIME CODE and International treaties,has made analysis on the legal problems of ante-dated B/L.It consists of three parts: Foreword,Text and Conclusion.The Foreword has introduced the background and significance of the topic as well as the research of methods and structure of the article.The Conclusion has summarized the main ideas.The text includes the following four parts:Part one:An overview of ante-dated B/L.This part begins with the concept and history of bill of lading,and then briefly analyzes its function.On such basis,In order to foreshadow the analysis of legal problem related with ante-dated B/L,special emphasis will be placed on ante-dated B/L's character and its influence on international trade,as well as the letter of guarantee neccessory to offer.Part two:Ante-dated B/L's legal nature.This part will first briefly outlines and analyzes these different views concered with legal nature of Ante-dated B/L,and then put forward the idea that the judgment of the legal nature of ante-dated B/L must be based on the legal relations of the parties.And we should analyze it case by case instead of handling them in the same way.According to different terms of trade prescribed in the contract of international sale of goods,the party in charge of the transportation is different.There are mainly two cases:(1), the buyer is responsible for the transportation.The term of FOB is used to illustrate ante-dated B/L's legal nature under this situation.(2),the seller is responsible for the transportation.CIF is used to examine ante-dated B/L's legal nature under this situation.Part three:ante-dated B/L's legal effect.To begin with this part demonstrates two different viws on legal effect of ante-dated B/L,and continues by expatiating,(1),Based on provisions of the relative international treaties and our national maritime law,there is no legal grounds to deny ante-dated B/L's legal force.(2),From the perspective of the analysision of the th three parties involved in bill of lading,It is believed that ante-dated B/L still has its legal force,whereas such legal force is negative,and the party involved should bear the consequences.Part four:ante-dated B/L's civil liability.In shipping practices,ante-dated B/L is usually issued when the seller is responsible for the transportation.Hence,while explaining ante-dated B/L' civil liability,the seller's responsibility for transportation should be taken as a prerequisite.Under such situation,ante-dated B/L's legal nature is an act of tort.In this part, Firstly,I will lay my focus on the subject that should bear the civil liability.Detailed anaysis is provided on the fact whether the carrier,the agent or the performing carrier should take the civil liability.Secondly,with the comfirmetion of the subject of liability this part will analyze the following three parts that consists of the scope of compensation:loss of payment for goods and interests,loss of expected interest and compensation for breach of the contract, costs arising in custom procedures,customs inspection fees,etc,so as to confirm the carrier's real scope of compensation.
Keywords/Search Tags:ante-dated B/L, legal nature, liability for breach of contract, tortious liability, scope of compensation
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