Study On The Identification Of The Carrier By The Holder Of The Bill Of Lading

The holder of the bill of lading possesses the B/L by accepting goods, so he has known little about the relevant information referring the conclusion of the contract of carriage of goods by sea. Once the goods suffers loss or damage, how to identify the carrier, then advocates his liability for compensation as the carrier, this is the problem in the marine practice that has troubled the holder of the bill of lading for a very long time. In the term of the holder, if there is not an effective system with regard to identification of the carrier, once the claim to the loss or damage of the goods occurs, the holder could not confirm the carrier, then self-interest of the holder will not be protected. Over time, transaction security will be affected, and negotiability of the bills of Lading will be weakened.Nowadays, the relevant articles in the country mainly focus on the issues with regard to the general identification to the carrier. And studies on the issue abroad are usually reflected in the form of court's decisions. But pointed studies on this issue are rare. This article puts forward a creative point of view that, from the point of holder of the bill of lading, do research on how to identify the carrier by the means of combining the theory and the practice together. The objective is to find a set of effective mechanism that the holder can identify the carrier precise and timely, then the self-interest of holder could be protected well, so as to maintain the bill's negotiable mechanism and transaction security.The main content of this article is divided into four parts.Part One: The significance and obstacles of identification to the carrier. The beginning of this thesis explains the cause of the issue that how to identify the carrier, as well as the meaning of confirming the carrier precise and timely, in order to illustrate that study on the issue in this article has much value and guidance in the shipping practice.Part Two:To analyse the issue that how to identify the carrier by the holder. Firstly, compare and analyse the definitions of "carrier" in the legislation of different countries and in relevant international conventions. Secondly, discriminate Liner B/L from B/L under C/P, and make a specific analysis on the issue. Part Three:The basis for identifying the carrier. List the exact basis for identifying the carrier, such as the rise of the B/L, the signature, and the clauses on the back of the B/L with regard to the identification of the carrier, and combine with several cases related. Furthermore, make a detailed analysis and interpretation to the legal issues included.Part Four:Conclusion. To summarize all the legal issues involved in this article, and make an analysis of all the conclusions.