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Analysis Of Bill Of Lading A Document Of Title The Nature Of The Problem

Posted on:2007-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:J XiuFull Text:PDF
GTID:2206360182981285Subject:International trade
Abstract/Summary:PDF Full Text Request
Bill of lading is regarded as one of the most important document of title, and it plays animportant role in international trade. But it is always a disputable issue in the field of marine lawand international trade that what kind of title it represents, which is adverse for the documentarytrade. So it's of operation significance to do a research on the title of bill of lading.The first part of this article is the theory recall. There are about four theories in the field ofmarine law and international trade about the title of bill of lading, which are: the theory ofownership, the theory of possession, the theory of mortgage and synthesis theory.The second part of this article discusses that the theory of ownership lacks the evidence oflaw. Firstly, the theory analysis is done, and the conclusion is drawn that the theory of ownershipis short of support of law and international covenants. Secondly, the case study is done, whichproves that due to lack of consistent standard, when dealing with the dispute about bill of lading,the marine court is hard to judge if it's a breach of faith or an infringement of right.The third part of this article discusses that the theory of ownership is not in accordance withthe practice of international trade. Though the bill of lading plays a very important role in theprocess of trade, payment and insurance, it has nothing to do with whether it represents ownershipor not.The fourth part of this article is to analyze the real right of bill of lading. Though the bill oflading is not a document of ownership, it has some real right, which is the right of possession.The final part of this article is conclusions and suggestions.
Keywords/Search Tags:Bill of Lading, Real Right, Right of Ownership, Right of Possession
PDF Full Text Request
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