Bill Of Lading And Under Delivery Of The Goods

With the development of international trade, straight bill of lading has been frequently used in maritime transport, especially in general cargo transport. Correspondingly the disputes about straight bill of lading increase quickly. However the nations have laid down the different legal regulations regarding straight bill of lading, therefore the jurisdiction position to this problem varies from one to the other. After studying several recent cases with different verdict, the author realizes that it is necessary to do some deep research work on it in a systematic way.By analyzing the relationship between Straight B/L and Bill of Lading, using research methods of comparative jurisprudence and seeking references from a great many laws and regulations, international conventions as well as cases, the author gives a detailed analysis of straight B/Land the problem about delivering the goods against surrendering the originals .This thesis falls into four chapters. In the first chapter, with a brief introduction of the definition of straight B/L and the relationship between straight B/L and B/L, i.e. whether straight B/L is in the category of B/L or not - an important issue embodied in the different rules of law specified by different nations, this thesis points out that the discussion on straight B/L should be limited in a certain system of law of nation, otherwise, the discussion will not likely be carried on due to uncertain background of law system.Chapter Two focuses on the legal nature of straight B/L with an analysis of the three essential functions of B/L, especially the function of document of title whether or not possessed by straight B/L. By tracing to its source, this thesis examines the original meaning of document of title from the perspective of English law. After making clear the right indicated by the word Document of Title, and based upon a profound research of negotiability or non-negotiability of straight of B/L, it studies on this function whether or not possessed by straight B/L under different systems of law, especially under systems of law of U.S., English and P.R.C.Chapter Three is the essential part of the thesis. With the cases increased athome and broad with respect to the delivery of goods not against surrendering straight B/L, this issue hereupon becomes a focus of attention of judicial, research, trade and shipping circles. On the basis of comparative analysis of the latest judicial practice at home and broad, and by introducing the relevant provisions set out in international conventions, this thesis examine the system of law in respect of the issue, and then a viewpoint comes up with how to modify the articles regarding straight B/L provided for in CMC.Chapter Four, by using the theory of applicable law in the field of international private law and two typical cases, expounds the settlement on the conflict of law in terms of two causes of action including breach of contract and act in tort, respectively. Several Proposals are finally put forward on how to avoid risks involved in straight B/L in the practice.