On The Voyage Charter Contract Terms Are Incorporated Into The Bill Of Lading Number Of Legal Issues

When we discuss the problems of incorporation clause, we should first know the conceptions of bill of lading and voyage charter party. A bill of lading is an important document for international trading and shipping. The function of it is developing and perfecting gradually. It is main transferable securities. Its sub-negotiability and credit are protected by law. Voyage charter party is one sort of contract of carriage of goods by sea, for short is named voyage c/p. Bill of lading signed under the charter party is so named according to its word meanings. Its essence is bill of lading .Its particularity lies in coexisting with and being effected by voyage charter party .The lawful relationship of bill of lading regulates the relation between the carrier and the holder of bill of lading. There is no verdict for how to legally explain this relationship. For one point, someone consider as a sort of contract relationship. While someone consider as a sort of legal relationship. I agree with the latter. Under maritime code of the people's republic of China this relationship is regulated directly by law and it is independent relationship between creditor and debtor. Not only the content of this legal relationship but also the rights and obligations of all concerned parties are regulated by Chapter IV of Maritime code of China. This relationship is opposite and unitive with contract of carriage of goods by sea, effected and restricted by each other.For the incorporation clause, there is no clear definition and specific concrete operational articles except the sum one in maritime code of China. We may use for reference from one set of handling way of English law. Diction for the incorporation clause in common use is compact which is usually expressed by one or two sentences. And for the concrete clauses, there are carrier responsibilities clause, loading -transportation - delivery clause, cesser and lien clause, arbitration clause and on strike, war risk and ice clause, etc.. The total principle for explanation the incorporation clause is adopted by the English Prejudication law, and meantime some concrete principles are founded. When we look into this principles we can conclude the three effect conditions and new tendency for the incorporation clause in it.It is not beneficial for the international trade for which the bills of lading including incorporation clause. And may be rejected usually The use for the bills of lading including such incorporation clauses cannot be sustained by International Chamber of Commerce. Under international trade , if agreement can be agreed by sellers and buyers and the incorporation clause include this agreement, such incorporation clauses are reasonable.The voyage charter party is one sort of the contract of carriage goods by sea and the special provisions are regulated in Maritime Code of China. This is the specialty for voyage charter party. The bills of lading and carriage contract which proved by voyage charter party are apposed and can be adjusted by the same Maritime Code, therefore the inherent unification of both has legal basis.But it severe loss their balance in Maritime Code, The provisions for the both are inherently paradoxical and lead to loss balance for the clauses of voyage charter party when they are incorporated into the bills of lading. The incorporation clause will lead to unbalance for rights and obligations of shipside and cargo side .For the holder of bill of lading who belief in its surface terms, it is apparently unfair and will severely effect the credit of the bills of lading. From the concrete articles, we can find the loss of balance for voyage charter party and bill of lading. To settle above problems, the way is to adjust the force of the articles for bills of lading and voyage charter party. First, both should be regulated by Chapter IV of the Maritime Code of China. To the incorporation clause, the articles to adjust the bills of lading should be used firstly. If no regulation by the Code, the agreed clause should be used. For the clauses of agreed,...