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Study Of A Number Of Legal Issues Of Electronic Bills Of Lading

Posted on:2005-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:L SongFull Text:PDF
GTID:2206360122486072Subject:Law
Abstract/Summary:PDF Full Text Request
Through the practice and development in hundred years, the Bill of Lading (B/L) has become the basis of cargo shipping and international trade. Thus, the electronicalization of B/L will play an important role in the development of the whole transport services and international trade. The Electronic Bill of Lading is a combination of the traditional B/L and EDI technology. With efforts in recent 20 years, a good desktop has been established for the usage of Electronic B/L and a lot of commercial practices such as "Bolero Project" are more and more successful, as well some legal regulations also enacted to protect and restrict the usage of Electronic B/L. However, since the Electronic B/L is a new idea, it's really difficult to be accepted by laws in all countries soon. The main issues are the Electronic Bill of Lading's function and its evidential value. In the view of substantive law and procedure law, this paper analyzes the function and legal validity of the Electronic Bill of Lading respectively. The result shows that the Electronic Bill of Lading is able to be the document of title and evidence of the contract of carriage. At the same time, from the legislation and practice in different countries, we found that the evidential value of Electronic B/L is possible to be accepted as long as the amendment of present regulations is made. In a word, using Electronic Bill of Lading is the trend of international trade. Finally, the author made some suggestions on adjustment and amendment of present law, which include admitting the legal status of Electronic B/L, prohibiting using Bearer Electronic B/L, accepting international usual way to transmit the Electronic B/L and admitting the Electronic B/L's evidential validity, .etc.
Keywords/Search Tags:Electronic Bill of Lading, Functions, Legal Validity, Maritime Law
PDF Full Text Request
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