Incorporated Into The Terms Of The Lease Bill Of Lading

The law and practice of bill of lading is one of the most important parts of international trade and international shipping. Recently years, various kinds of questions about bill of lading are more complicated; some questions are too complex to understand. Especially while short carriage by the sea increases in number and the speed of the ship accelerates, the carriage under charter-party is more and more; some questions about charter-party have arisen. And one of these questions that have more disputes -in different counties is incorporation clause in the bill of lading under charter-party. In my thesis I try to discuss some questions about the law and practice of the incorporation clause in the bill of lading under charter-party.The first chapter essentially sets forth the advocator who put forward that the charter-party should be incorporated into the bill of lading and the reason why the charter-party should be incorporated into the bill of lading; further the relation between the charter-party and the bill of lading under charter-party is set forth after the charter-party is incorporated into the bill of lading. Meanwhile I analyze that the bill of lading under charter-party that is held by different holders have the different characters and that the different facts is between charter-party and the bill of lading after charter-party is incorporated into the bill of lading.The second chapter firstly expounds upon some principles of incorporation clause in the B/L under C/P at common law: a clause which is directly germane to the subject matter of the bill of lading (that is to the shipment, carriage and delivery of goods) can and should be incorporated into the bill of lading contract; The ancillary terms/clauses of the charter-party could not be incorporated into the bill of lading unless these ancillary terms/clauses are explained by the specific words in the charter-party or in the bill of lading; presumed intention of charter-parties should be found by the incorporation clause; an incorporation clause is subject to the loading, carriage and delivery of the goods; only charter-party terms, which are usual and reason, could be included in the bill of lading etc.- 1 -Based on these rules I elaborate on some terms of the charter-party which often arise disputes, for example freight clause, dead-freight clause, demurrage clause and arbitration clause etc. could be incorporated into the bill of lading or not; if could how these clauses should be incorporated into B/L. In this analysis course I explain some rules of ((Maritime Code of the People' s Republic of China}} and a lot of maritime practice, and try to analyze these rules and practice , and try to point out imperfections of rules and practice and the way of improving. Among these charter-party terms arbitration clause is the emphasis of explanation, because arbitration clause is the way that settles the dispute between shipowner and charterer agreed by owner and charterer in the charter-party, and that arbitration clause could be incorporated into the bill of lading or not is the important factor settling the dispute between the carrier and the holder of the bill of lading.The third chapter explains that our country and other countries at common law confirm the legal effect of the incorporation clause in the bill of lading. And I analyze the effect of incorporation clause in the special situations, such as re-charter; the incorporation clause has some blanks; and the effect of the incorporation clause is showed when the oral contract is incorporated into the bill of lading.The forth chapter inquires into questions about disputes arising under the B/L into which the charter-party is incorporated and analyze the reason why that charter-party is incorporated into the bill of lading is always confuse and abnormal? After that I also analyze that some unreasonable clause (for example: delivery the goods without B/L ) of the charter-party could be incorporated into the B/L by incorporation clause or not; By the law rule of the England I tr...