Study On The Responsibility Of Real Carrier 's Delivery Of Goods Without Delivery

The actual carrier first appeared in the field of air transportation, with the advancement of the industry of carriage of goods by sea, high attention has been paid to this concept. Under the contract of carriage of goods by sea, the buyer, the seller and the carrier are important subjects but not the only bodies that exist in the whole process, other related parties who are not the party of the contract of carriage may get involved due to some reasons, such as the actual carrier, making the ocean carriage relations more complicated, this may be the reason the actual carrier is highly concerned.Delivery of goods without presentation bill of lading(B/L), no matter how it happened, by the instruction of carrier, or relying on the letter of guarantee or whatever, is likely to appear in the operation of the actual carrier, which is possibly as a result of the complicated relationship among the interest subjects combining with the fact of shipping practice that the delivery of the related documents often lags behind the delivery of the goods. Such examples are common in the judicial practice.However, general studies often concentrate on the theory of the actual carrier, or on the carrier’s delivery of goods without presentation B/L. The research that combines the actual carrier and the theory of delivery of goods without presentation B/L, especially covering the theory and the practice, are rare to find. The shipping relationship which is already complicated appearing together with another unconventional operation (Delivery of goods without presentation B/L) gives rise to the different methods and criteria when the maritime disputes occur and resort to the courts. Therefore, it is so necessary to attach great importance to do the research combing the actual carrier and the delivery of goods without presentation B/L.This thesis composes of four parts except introduction and epilogue. Chapter1mainly analyses the concept of the actual carrier and its history and main theoretical differences, also addresses the concept of delivery of goods without presentation B/L and its general causes, then the risks of such operation will be discussed, especially the damage to the carrier. Chapter2is the essential part of this thesis, starting from actual carrier’s responsibilities scope, then analyzes the nature of the actual carrier’s delivery of goods without presentation B/L and the actual carrier’s liabilities among this process, in addition, the author tries to focus on theoretical basis of the carrier’s recourse right resulting from the damage or losses causing by actual carrier’s aforementioned unusual operation, the theory includes exemptions of the carrier, time limit for right of recourse and possible factors make the recourse right be out of power. In Chapter3, with the analysis of a few typical cases which have a similar situation that the actual carrier delivers goods without presentation B/L, while they have the different judicial outcomes:the carrier and the actual carrier undertake joint liability, the carrier solely shoulder the liability, and neither of them bear the liability, the author tries to analyze and summary the related practices and the controversy and rationality of its disposal methods. In Chapter4, the author summaries the imperfect points of our laws and regulations relating to this topic, and also tries to give some suggestions which may be useful for perfection, especially put forward suggestions on seeking the right methods to perfect the theory of the carrier’s right of recourse when such damages or losses occur. By focusing on this topic’s research, the author also hope to make contribution to the perfection of the legislation and the judicial practice.