Nonreceipt Clear, A Number Of Issues

In shipping practice, due to the time difference between the quickness of sail of vessel and the lagging of negotiation of bill of lading, carriers often have to deliver the cargo without bill of lading against letter of guarantee. Statistic shows there exists 15% of that in liner service, 50% in charterparty, and 100% in some important goods, e.g. ore and oil.Carriers should deliver the cargo to the holders of bill of lading in carriage of goods by sea, who are responsible for the delivery of cargo without bill of lading. Statistic incomplete shows 90% of carriers( their agents) are judged by court for liability.This paper uses the way of research of both comparison and case, put forward the view that shall confirm the function of " Document of Title" of bill of lading, and combine the delivery of cargo with the contract of sales, in addition, establish that carriers must deliver the cargo against bill of lading under the straight bill of lading, above which are beneficial to deal with the delivery of cargo without bill of ladingAs to the nature of delivery of cargo without bill of lading, there exits "theory of tort", "theory of breach of contract" and "theory of combination of tort and breach of contract", and I agree with the last view, although the Highest People's Court has concluded that delivery of cargo without bill of lading constitutes breach of contract in the case, Yuehai Co. Ltd., vs. Cangma Co. Ltd., and Tefa Co. Ltd.,.There are different opinions with respect to whether delivery of cargo without bill of lading is an illegal behave. I think delivery of cargo against original bill of lading is only contractual obligation and liability of guarantee,not legal force power.If the carriers don't take back the original bill of lading, the holders of the bill of lading may sue the carriers to recover the loss of cargo, and the result is that the carrier face the failure of suit. In fact however, the carrier has plenties of argues within the above the suit. This paper provides five argues.The general principle of liability in respect of delivery of cargo without bill of lading as follows: carriers should bear full liability thereof, if only has no exception, no matter whether he has fault in his subjective.Timebar is an substantial question which directly influences the right and obligation of the parties and results of suit. There is different opinions about the timebar in the deliver the cargo without bill of lading. This paper thinks the timebar is one year.In addition, I put forward my opinion as to folio whig two questions: how to ascertain the losses of the holders of bill of lading after delivery of cargo without bill of lading andO who are the plaintiffs and the defendants in the suit.LiuYongping(international law) Directed by Yu Shicheng...