Delivery Of Goods Without Legal Problems

The subject of this dissertation is the question of Delivery of Goods without Original Bill of Lading in Shipping practice. Delivery of goods without original bill of lading (short for DGWB/L) is defined as the actions that carrier, agent or the supervisor delivers goods without asking for the original B/L. Originally, the cargo's actual owner's well-intentioned requirement of the parties involved and the dredging of the part. As a matter of fact, however, not all the people are well -intentioned. Some are maybe due to the economic difficulties that they cannot afford the redemption of B/L and some are real deceivers who never think for redemption at all. Under this circumstance, disputes around seafaring never rest because of DGWB/L. However, because of the not -yet-settled arguments on DGWB/L from law and academe, it will not make any good for the development of international trade and seafaring , there are reasons underlay the study in this article of DGWB/L.In Chapter One writer try to analyze the legal character of DGWB/L. To figure out this ,the first thing to do is to know the legal character of the B/L, because it is the key question and precondition of DGWB/L. Comparison with the old theory ,the writer agrees with the theory that the L/C has different functions in different realms. In the realm of international trade , it is a documents of possession but not the document of ownership; in the realm of carriage of goods by sea, it represent the contractual relationship , and the object of pledge in the realm of balance of Letter of Credit. Due to the complexity of the conduct about DGWB/L, we have to deal with it carefully according to various situations.Chapter Two is about legal liability of DGWB/L. In practice, the main problem is how to hand when a tort and a contract violation arise from the DGWB/L. There are many differences between the tort and the contract violation. The writer believes the partner should have the right to choose the tort or the contract violation according to the related stipulations of the law , but in seafaring practice , the right of option is always limited , so the writer do not think this way is proper.Chapter Three is about the contradiction problem. Not all the shipper should take the responsibility of DGWB/L , in some conditions the shipper can be exempt from the liability. In recent years , it seems that more people believe that DGWB/L is proper if B/L is the straight bill. But the writer thinks the shipper still should delivery the goods to the named person with the original B/L in the meanwhile. Besides , the shipper can be exempt from some other conditions.