Analysis Of Non-delivery Of Goods Liability

The thesis mainly discusses the bearing of legal responsibility of delivery without the production of original bill of lading .In the past ten years, the characterization of this conduct harasses the law circle and judicial practice department. Because different characterization may lead different application of law, court proceedings, and result of decern. According to the main points, the bill of lading has three fundamental functions: as prove of transport contract, a receipt of goods, and a document of title. But to the third function, learned man has other opinions. Delivery without the production of original bill of lading may lead tort or breach of contract or the concurrence of liability. This thesis discusses the above questions, and make conclusion on how to characterize this conduce, on how to bear the liability of Delivery without the production of original bill of lading. Finally, certain suggestions are put forward for Chinese Maritime Law Code.Except for the preface the thesis include five parts.The preface mainly introduces the history of the bill of lading, the conception of the "Delivery without the production of original bill of lading", and the reason of which causes that conduct.Part one discusses the characterization of the bill of lading. From the point of civil law system and the Anglo-American law system, the author makes analysis on this point, draw the conclusion that the bill of lading is a negotiable security, which has the quality of document of title, but also the quality of document of credit.Part two mainly introduce the characterization of legal liability of the Delivery without the production of original bill of lading .At first, enumerate the main points of the theoretical circle in our country, meantime connect with the judicial practice in history, make analysis and draw a conclusion that delivery without the production of original bill of lading, may composes tort, breach of contract or concurrence of liability.Part three is the most important part of this thesis .In this part, the author gives a detail discussion on the bearing of the delivery without the production of original bill of lading. Since that conduct couldn't characterization uniformly, at first we must classify the differenceof the tort and breach .To the concurrence of liability, the author make a compare from seven facts. At last, a detail discussion from the composes of that conduct is given.Part four mainly discusses the several related questions about Delivery without the production of original bill of lading: such as whether the carrier has to deliver the goods against surrendering the original bill of lading if it is a straight bill of lading (or non—negotiable transport document); when the holder of the bill of lading lose the remedial right after the carrier delivered the goods without the production of original bill of lading; and the extinctive prescription of that conduct, etc .Part five discusses the shortcomings appearing in the enforcement of china Maritime Law Code, combing the legal theory regarding the revision of law, the author make suggestions on the amending the relevant positions in the code.