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Study Of The Characteristics Of Electronic Bills Of Lading A Document Of Title Laws

Posted on:2009-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:C H ZhangFull Text:PDF
GTID:2199360272984174Subject:International Law
Abstract/Summary:PDF Full Text Request
As a new approach of international cargo transport documents, Electronic bill of lading's development has a positive role to promote the international cargo transport industry in progress.In view of the legislation lags behind the practice characteristics,this article attempts to electronic bills of lading certificate property characteristic,I put on some comments and suggestions about the development of electronic bill of lading.This article includes four parts:Part 1:Electronic bill of lading certificate property problemsThis section describes the history of electronic bill of lading and the theory of traditional bill of lading'certificate of property rights,analysis the inevitability of electronic bill of lading to replace the traditional bill of lading,proposes legal issues of electronic bill of lading'certificate in the realization of property rights theory.Part 2:Electronic bill of lading legislative and its business modelThrough comparative analysis the current state of domestic or international legislation and business models of electronic bill of lading, this part provides the legal and practical basis in the feasibility study of electronic bill of lading certificate property characteristics.In the final based on the analysis of the CMI and the Bolero model system of electronic bill of lading function,the idea of realize the electronic bill of lading certificate features of property rights is proposed.Part 3:The legal analysis of electronic bill of lading to achieve the functional property of the certificate This article is part of the focus.First of all,summing up Electronics introduced the bill of lading characteristics of the type of property and electronic bill of lading certificate characteristics.This was followed by the functional equivalent to law-based,electronic bill of lading certificate of the property characteristics of the legal analysis,including electronic bill of lading and other electronic bill of lading is a certificate of property rights argument.Once again through the electronic bill of lading pledge function in the electronic bill of lading in the operation of the business model in practice,electronic bill of lading for the realization of the pledge to carry out the feasibility of the theory analysis.Finally,the property rights of electronic bill of lading certificate application of the law of the issues on summary and analysis.Part 4:Other property-related legal issues of electronic bill of lading certificateThis part briefly introduces legal issues of three aspects on electronic bill of lading certificate of property in the effectiveness of the evidence,the application of the law and the jurisdiction and expresses views.ConclusionThe author believes that electronic bill of lading is the application of international trade in goods transport industry.Through analysis of the properties of electronic bill of lading certificate,the author hope this article provide some reference to China's electronic bill of lading legislation.
Keywords/Search Tags:Electronic bills of lading, Document of title, Principle of functional equivalence
PDF Full Text Request
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