The Bill Of Lading To The Carrier Claims The Right To Appeal,

Title to sue under bills of lading refers to the right of the parties under bills of lading to seek protection from the Court according to the legal relationship under the same. The dissertation intends to, under the guidance of Civil Procedural Law, have a systematic review on the title of bill holder to claim against the carrier, in terms of the legitimacy of the parties, interests of suit, title to sue of the shipper as claimant, and the relationship between contractual action and tort action as well.The development of the title to sue under bills of lading: in the early time, when the Principle of Privity prevailed, the third party was not entitled to claim against the contractual parties for the rights under the contract. The first attempt to deviate from the Principle was the English 《1855 Bills of Lading Act》 , which vested in the bill holder all rights of suit, and subjected him to the same liabilities in respect of the goods, as if the contract contained in the bill of lading had been made with himself. Due to transfer of bill of lading upon or by reason of consignment or endorsement and rights to be passed with the property, another attempt was made in 《The Carriage of Goods by Sea Act 1992》 , which vested in the lawful holder of all rights of suit under the contract of carriage, without property being involved. The latest development is UNCITRAL Draft Instrument 2003, which entitles the holder to assert rights under the contract of carriage against the carrier or a performing party, irrespective of itself having suffered loss or damage.The evaluation of title to sue can be materialized in terms of the legitimacy of the parties and the interests of suit. The legitimacy of the parties refers to the question whether it is the lawful person to sue. To be a lawful holder of a bill of lading, it is expedient that the bill of lading is got through complete valid endorsement with the intent to accept it in good faith. The identification of the Carrier is also an issue of significance, relating to the interpretation of the contract as a whole in respect of the title, signature and the terms of "Identification of the Carrier" and "Demise Clause". The interests of suit under bill of lading are embodied in its function as a "Document of Title". Primarily, the bill of lading constitutes an independent promise under which the carrier undertakes to deliver the goods to lawful holder of the original bill of lading on production of the same. On the other hand, the property under the bill of lading is the constructive possession, regardless of the ownership of the goods under the bill of lading.The title of the shipper to sue is being always the focus of attention in the maritime theoretical field. Under the current legal framework, the tie between the title to sue and the physical possession of the bill of lading leaves theshipper that has transferred the bill of lading insufficiently protected. UNCITRAL Draft Instrument 2003 entitles the holder to assert rights under the contract of carriage against the carrier or a performing party, irrespective of itself having suffered loss or damage, which is of significant value to the legal practices.Under the contract of carriage of goods by sea, the holder of a bill of lading has the choice to take contractual action or tort action. Worthy attention is the different effects the two actions may lead to. Action under the contract contained in the bill of lading has its advantages over tort action in respect of the extent of recovery, the burden of proof, etc. On the other hand, to sue under the contract contained in the bill of lading is the latest trend of the international convention legislation.