Bill Of Lading Property Rights And Transfer Of Ownership Of The Goods

It has been disputed for a long time whether the Bill of Lading rise real right with it. As per this issue ,some scholars gave a positive answer ,the other scholars gave a negative answer.According to negative answer ,all the rights rised from the B/L can be ascribed to Creditor's rights. But the answer can not perfectly interpret the B/L's functions when it is used in international trade, so I consider the positive answer is a better one, and I also think the real right that the B/L rises is a right of possession.In English law , the proprietary rights of goods can be transferred from the seller to the buyer when the the two parties want to . So a buyer can not make a plea for the proprietary rights of goods only by the B/L he has. Under the circumstances, the buyer may hesitate to do business To protect good intentions buyers, the English law such as the "Sale of Goods Act (SGA) 1979" ,the "the Factors Act 1889",and a series of prejudications emphasized the possession right of the B/L, so that the buyers can obtain perfect proprietary right of goods.In continental law, the possession right of the B/L has two functions. One is delivery ,it means transfer the possession right of the cargo to the buyer by transfer the B/L. The other is the possession right ,it means the shows of the public's trust. In continental law , the possession of the Bill of Lading itself is to be equal of the possession of the goods. In the case that a good intentions buyer as a concessionaire of the goods by accept the B/L, if any ,the seller did not have perfect proprietary right of goods, the buy also can make a plea for the proprietary rights of the goods .Because he can maintain Acquisition in Good Faith based on his possession right of the B/L.As the above has said , the real right contained in the the Bill of Lading is to...