The Legal Study Of Anti-Dated B/L

Along with the development of the international trade and marine transportation, Anti-dated B/L is becoming common maritime frauds. In recent years, Anti-dated cases have taken place so often that disturbed normal international trade and marine transportation order. According to our country's Maritime Law and the related international convention, the carrier issues an"on board"bill of landing according to the facts. That's legal obligation of carrier. The Anti-dated bill of landing is issued after goods have been loaded on board but marked a date earlier than the actual date of loading.At first, the thesis focus on the definition of Anti-dated bill and states the existing reasons and consequences.Next, study on the legal nature of Anti-dated bill by the method of the meaning explanation, system explanation etc. From the provisions of the General Principles of Civil law and the Contract law, the Anti-dated B/L constitutes concurrence of liability for breach of contract and liability for tort. The theories on the legal nature of Anti-dated bill are"the property right","creditor's rights","voluntary service"and so on. The thesis reviews every theory above.Then, it makes a contrast between these different legal nature of Anti-dated B/L by the method of contrastive analysis and inductive analysis. There are practical and theory meanings on the discussion over the legal nature because whether it is determined as breach of contract, or tort, or concurrence of liability will result in different legal effects on the issues of evidence responsibility, limitation of actions, determination of jurisdiction, law usage and so on. The author think the legal nature of Anti-dated B/L is combination of breach of contract and tort. In comparison, it's better to hold liable for breach of contract for safeguarding the rights of the plaintiff.The last part study prevention mechanism of Anti-dated B/L. Electronic Bill of Lading should play important role in prevention of Anti-dated B/L. The thesis makes the detailed analysis of why electronic bill can prevent Anti-dated B/L. That's a highlight of the thesis. The author gives his proposal aiming for legislation of prevention of Anti-dated B/L.