Research Of Legal Issues Relating To Letter Of Guarantee For Delivery

Letter of guarantee for delivery is one kind of documents often used in the international shipping and trade practices. It is for delivery the cargo without the original bills of lading, a promising offered by the consignee to indemnify the carrier for any damages that the latter may sustain for handing over the cargo without such bills when the original bills of lading arrives the port of destination later than the goods. Letter of guarantee for delivery generated and developed in order to adapt to the situation that when the bills of lading are delayed cargo consignee can deliver timely, it is of economic value for both the consignee and the carrier in terms. However, letter of guarantee for delivery has obvious disadvantages. It is not conducive to the credit mechanism of the bills of lading, damages the benefits of the owner of the bills of lading, affords opportunity for maritime fraud. As a result, the letter of guarantee has caused a great deal of controversy ever since its birth. Besides, the domestic laws and international treaties have no detail and legal provisions for the letter of guarantee , which makes people in the practice be fuzzy about the legal nature, the legal effect and the corresponding legal responsibility of the letter of guarantee, and brings related confuses even in the judgment practice. Therefore, this article will research these legal questions that arising from the practice, with a view to put forward the suggestion of how to improve the system of the letter of guarantee and how to use it better.This article is divided into fore chapters in addition to the foreword and the conclusion. The first chapter analyzes the causes of the letter of guarantee for delivery, and then briefly introduces the concept and content of the letter of guarantee. In the process of exploring the concept, it summarizes mainly from the actual function of the letter of guarantee in consideration of its practicability.Chapter II of this article introduces current situation and legal dispute of the letter of guarantee, which is divided into two parts. The first part analyzes current situation of the letter of guarantee, including the current use and the legislation. The second part introduces some typical cases in connection with the letter of guarantee and gets the dispute from them.Chapter III of this article makes a study of the dispute of letter of guarantee for delivery, which has three parts. The legal nature of the letter of guarantee is the key to understand the legal effect of the letter of guarantee and such issues, so the first part of the chapter makes a study of the legal nature of the letter of guarantee. The letter of guarantee for delivery is a special composite instrument contract. So the article distinguishes letter of guarantee from the people who made it to comprehend the legal nature of three kinds of letter of guarantee separately. The second part analyzes the legal effect of the letter of guarantee. It gives author's opinion, which is to give the letter of guarantee limited efficiency, then makes a specific analysis of the limited efficiency, and discusses the questions which should be paid attention to in the relevant judicial cases at last. The third part researches the legal responsibility of letter of guarantee, mainly analysis the legal consequences of the relevant parties from the perspective of the judicial practice. This chapter proceeds from two aspects, it analysis the liability of the valid letter of guarantee and how to deal with the invalid letter of guarantee.As already stated in the previous words, the related legal issues of the letter of guarantee have been studied in detail. The final chapter of the article is carried mainly in the following three fields: the legislative aspect, the practical use of the parties, the effect of other correlative documents, and the it put forward the author's opinions and suggestions, expecting to improve the system of the letter of guarantee for delivery and take better advantage of the letter of guarantee in the practice of international shipping and trade .