No Single Source Of Delivery Of Goods, The Legal Consequences Of Risk Prevention And Solution

Delivery of goods without bill of lading (B/L) is defined as the action that the carrier delivers goods without production B/L by himself or on his behalf. Due to the application of advanced technology in the shipping field, the speed of ships has been greatly advanced, which together with the characteristics of the operation of traditional B/L results in the fact that ships often arrive at the destination port before B/L reaches the buyers. In order to solve this problem, carriers usually seek for the compromise of delivery of goods without B/L. Originally, the requirement of actual cargo owners acting in good faith for delivery of goods without B/L is positive in protecting the benefits of the parties involved. As a mater of fact, however, not all the persons who ask for delivery of goods without B/L is the real owner of the cargo and acting in good faith. Some cannot afford the redemption of B/L due to the economic difficulties. Some are real deceivers who never think for redemption at all.Under these circumstances, disputes arising from delivery of goods without B/L are increasing. The simple stipulation on B/L in Chinese Maritime Code contributes to the not-yet-settled arguments on delivery of goods without B/L in the maritime judicial and academic circle, which does not make for the development of international trade and shipping.In recent years, the legal nature of delivery of goods without the B/L has been the focus between the parties, a hot topic among scholars of maritime law and a difficulty in trial. Delivery of goods without B/L usually constitutes different legal relations because of the diversity of doers, its counterparts and the difference among the subjective and objective essential elements. Nevertheless, defining the nature of delivery of goods without B/L can directly determine the rights and obligations of the concerning parties and the consequence of the action. Therefore, there's some need to do more research on this issue.This thesis mainly composes of five chapters.Chapter 1 discusses the legal basis of delivery of goods with B/L.Chapter 2 addresses the generation of delivery of goods without B/L and its manifestation.Chapter 3 addresses the conditions of constituting the liability for loss arising from delivery of goods without B/L and the scope of compensation. For the conditions of constituting the liability, the author begins with the three essential elements regarding constituting the liability. For the scope of compensation, the author addresses the method of quantifying the loss and the application of the principle of causation.Chapter 4 mainly addresses the prevention of delivery of the goods without B/L. The character and effectiveness of a letter of indemnity is analyzed.Chapter 5 mainly addresses the solution of delivery of goods without B/L. Two methods are analyzed, i.e.: making a good use of estoppels as negative method, and use of telex release, seaway bill and electronic B/L as a positive one.