Study On Legal Issues Of Bill Of Lading Transfernce

In recent years, China's academic circles on the theoretical study of the legal nature of the bill of lading can be described as fruitful. However, with in-depth research, new problems appear more and more. Whether in the field of real right effect or claim, a variety of theories seems difficult to round. The complexity and particularity of the bill of lading has been the consensus of scholars.The current main dilemma is that:Maybe one theory can explain a single legal phenomenon of the bill of lading, but can not explain the phenomena related to another. Thus, we need find such a theory:It should provide a satisfactory and convincible explanation in both the field of the legal nature, the transference, and other issues of the bill of lading, and it should be also in the traditional civil law flame, to maintain the inner logic.Reviewing the historical development of the bill of lading. As the genius invention of businessmen, Bill of lading's is originally designed to address the carrier's delivery problems. So It has three main functions:the proof of sales contract; the document to prove that of goods has received by the carrier; and the basis for carrier to deliver the goods. These three features work together to show a single proposition:the essence of the bill of lading system is built around and to resolve the carrier's delivery problems. If we want to find the correct path to research theoretical problems of Bill of lading, we should respect the function of the bill of lading all the time.