No Carrier In The Delivery Of Goods The Right Of Recourse

Bill of lading is a way to prove the carriage of goods and the goods taken over by the carrier or the ship, and the carrier undertakes to deliver the goods in the document. Bill of lading is the proof of document of title and freight contract and this function determines the carrier should deliver goods by virtue of original bill of lading. However, due to various reasons, the practice in the delivery of goods without presentation of B/L has occurred repeatedly and this brought huge losses to both parties of sales contract and the carrier. In shipping practice, the actual carrier recourse to the responsible parties after assuming liabilities, the case of which is very small, so the main discussion in this article the carrier refers to as the contracting carrier, not actual carrier. The carrier often becomes the first object for its special legal status when the holder of B/L claims. The carrier assumes greater liability than it shall bear, and the liability should be borne by the ultimate responsible party. And this has been one of the most difficult problems when the carrier delivers goods at the destination port.No rights, no duties. The carrier has assumed responsibilities to the holder of the original bill of lading, and it is entitled to recourse to the relevant parties. "Right of recovery" in a narrow sense means a relative debtor is entitled to recourse to another debtor after its performance of specific debt. The objects of recovery includes receiver with no B/L, the actual carrier, the agents of the carrier, port operators, and the issuer of L/G; and the article also looks at the cause of action between the carrier and its recovery objects.The article also gives analysis on the time bar of such right, and the limitation of action should be determined by the basic legal relationships between parties. If the carriage of goods by sea between parties, it should be applied to provisions of maritime law on the limitation of action. If tort or contract relationships between parties, it should be applied to stipulations in tort law or contract law on the limitation of action. We should analyze specific issues.