An Analysis Of The Legal Problems Of Delivery Of Goods Without

In the practice of international shipping industry, the delivery of goods against the originalbill of lading (hereinafter referred to as B/L) is a basic principle. However, violations ofthe above principle occur frequently, in which case the original B/L is not taken back bythe carrier after delivery of the goods. Such violations reconcile the principle and the slowtransfer of the B/L. As per the thinking pattern of “QuestionRaising—Analysis—Resolution” and from the approach of comparison between China’slaws and the Rotterdam Rules on stipulations of the issue of delivery of goods without theoriginal B/L, this dissertation explores the imperfection of the former and the value of thelatter which China can use as reference and put forward some strategies addressing theissue.This dissertation approximates30,000words and consists of the following fourchapters:The first chapter is the generalization of the issue of delivery of goods without theoriginal B/L, which gives a detailed introduction of the issue including the concept andfeatures in Section1, the causes and types in Section2and the influences on theinternational shipping industry in Section3. This issue is complicated, mainly caused bythe delay of the original B/L to the port of destination, and imposing both positive andnegative influences on the international shipping industry.The second chapter is the analysis of the legal attribute of the issue, which expatiates inSection1on the three main theories thereon in the academia, i.e. the Doctrine ofInfringement on Right, the Doctrine of Breach of Contract and the Doctrine of Alternativebetween Infringement on Right and Breach of Contract, reviews in Section2the threestages of determination of the legal attribute of the issue in China’s judicial practice, i.e.the Stage of Infringement on Right, the Stage of Breach of Contract and the Stage ofAlternative between Infringement on Right and Breach of Contract., and analyzes inSection3the legal attribute of the issue from the perspective of the Rotterdam RulesThe third chapter is the exploration of the legal liability on the issue, which covers three sections. Section1focuses on the subjects who may bear the legal liability. Section2explores the damages resulting from the issue in respect of the scope of damages andlimits of liability. Section3summarizes the main causes free of liability. All the respectsabovementioned are explored from the perspective of comparison between China’s lawsand the Rotterdam Rules, thus outlining the imperfection of the former and the value fromthe latter China can use as reference.The fourth chapter is the strategies addressing the issue, in Section1of which severalprecaution measures are put forward to prevent the occurrence of the issue. Section2liststhe legal suggestions concerning law making and justice in China on the basis of thecomparative analysis made in the second and third chapter. In respect of law making,delivery of goods without the original B/L should be legitimated and the concept of “Rightof Control of Goods” shall be introduced, to name a few. In respect of justice, the relevantjudicial interpretations shall be advanced and the role of guidance of typical cases shouldbe played to its full.