Study Of The Bill Of Lading System

In recent international cargo trading and carriage, bill of lading is used widely. Bill of lading is receipt of goods,prove of transport contract and documents of title. As various facts, goods cannot be loaded on the specified ship before the time regulated by trading contract. Under the circumstance of payment of letter of credit, shippers ask carrier to pre-date the bill of lading in order to be paid by bank smoothly. These are Antedated B/L and Advanced B/L.The delivery date written by the carrier on bills of lading, the footstone in the international trade and carriage, constitutes a condition of the contract and is deemed as a part of goods. Any false statement, such as antedating or advancing it enables the consignee entitled to reject the goods and acquire compensation.For the past several years, disputes of Antedated B/L and Advanced B/L often occur, and have the trend of increasing. Related issues become difficult point of maritime courts and hotspot of maritime laws. Antedated B/L and Advanced B/L is construed as a kind of maritime fraud in international trade, which disturbs the international cargo transportations and impedes the development of international trade. There are several different theories concerning the nature of Antedated B/L and Advanced B/L, by analyzing the relationship not only between shippers and buyers, but also between carriers and buyers. Preventive measures are suggested in order to avoid the negative effects of Antedated B/L and Advanced B/L to international trade and transport.