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Bearer Bill Of Lading Nonreceipt Study

Posted on:2006-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:J LouFull Text:PDF
GTID:2206360182456269Subject:International Law
Abstract/Summary:PDF Full Text Request
It is one of the hottest points having been gravely cnallenged at the threshold of the new century that whether the carriers are titled to deliver the goods without the surrendering of the straight B/L. Technically speaking, this problem has been suspended in the many states and even in some states having settled the aforesaid problem, views still divided with one anther. Inevitably, the trouble arising thereof is omnipresent in the shipping industry, therefore, the Writer hold that it is out of great necessity to conduct the overall research over this issue.The provisions of CMC are contradicted in terms of its wording: "straight B/L falls in the sphere of B/L" on the one hand and "a straight B/L is not negotiable" on the other. This imprecision of the wording in practice has translated into the debate that whether the carrier should burden the liability of the delivering of the goods without the surrendering of the straight B/L. Considering the different views held by different state, it is out of first and foremost important to set up the targeted judicial context for the discussion, failing which the research work will be groundless.This paper will firstly go deep into the different concept of the "delivering of the goods without the surrendering of the straight B/L" under the common law and continental law system respectively. Then the focus will mainly cast upon the domestic understanding of the aforesaid problem under the CMC and the judicial practice prevailing. Additionally, the discussion of the subject will inevitably involving the research of issues pertaining to the straight B/L. As of the nature of the straight B/L, the views of the scholars' domestics as well as the overseas are different from each other. To facilitate the discussion and research of the subject, the Writer will treat the nature of the straight B/L (including whether the straight B/L is one kind of B/L, whether straight B/L is the document of tile, the assignment of straight B/L, the comparison with sea waybill, ect.) as a cut point in the research., then shifts the pen to the main subject "delivering of the goods without the surrendering of the straight B/L "from the angles of jurisprudence and judicial practice. In respect of the methodology, the comparative law is applied with the view of the regulations and judicial practice. To finish the discussion of this section, the main stream view over the global is supported by the Writer: the carrier should deliver the goods against the surrounding of the straight B/L.In the very end, the Writer, based on the above discussion and research, purpose his suggestion to the revision of the CMC. It is held that the provisions pertaining to the straight B/L is not so precise and perfect. To refine and revise our good CMC, it is necessary to make the reference to the successful legislation information and judicial practice. May the Writer's effort can contribute to revise process the CMC is undergoing.
Keywords/Search Tags:bill of lading, straight bill of lading, document of title, the assignment of bill of lading, refine and revise the CMC
PDF Full Text Request
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