No Single Probe Into The Legal Problems Of The Goods

Taking delivery of goods without presentation original Bill of Lading (B/L) means the person who is not the original B/L holder to take delivery of goods. For the carriers, the agents of the carriers and the port operators, that is to say delivery of goods without original B/L. The person who is not the original B/L holder takes delivery of goods is a fuse of carrier to delivery of goods without original Bill of Lading. Therefore, "Taking delivery of goods" and "delivery of goods" are two sides of the process. The delivery of goods without original B/L would be lack of the objects without the requirements from the person who is not the original B/L. Meanwhile, it is impossible for the person who is not the original B/L holder to accomplish to taking delivery without the act of delivery of goods on the carrier. Once taking delivery of goods without original Bill of lading occurs, the original B/L holder tends to accuse the act of delivery of goods without original B/L on the carrier to neglect the legal responsibilities of the person who is not the original B/L holder, because the carrier is the party of the contract for the ocean transportation. The main object to research is the person who is not the original B/L holder, it's try to perceive the act delivery goods without presentation original B/L in the views of the person who is not original B/L holder.This article includes a foreword, five chapters of body and a conclusion. This article adopts the research methods mainly by determine the nature and supplemented by comparing research. This article discusses taking delivery of goods without original B/L in the eyes of the law.Chapter one the basis legal system of B/L study the original of B/L and analysis the three major functions of B/L. In particular, the document of title of B/L is mentioned. The document of title decide the original B/L which is a sole document for taking delivery the goods. Therefore, taking delivery the goods against presentation original B/L is a principal of ocean shipping and international transportation.Chapter two legal forms, cause of formations, characteristics and endanger of taking delivery of goods without original B/L discuses mainly forms including taking delivery cargo against the letter of indemnity,taking delivery cargo without letter of indemnity and taking delivery with fake B/L. The article analyses the cause of the taking delivery goods without the original B/L. Furthermore, the chapter anayses the performances and dangers of taking delivery goods without the original B/L.Chapter three legal nature of taking delivery of goods without original B/L discusses the legal nature of taking delivery of goods without original B/L in views of the person who is not the original B/L holder versus the person who is the original B/L holder, the person who is not the original B/L holder versus carrier the person who is not the original B/L holder and the guarantee of the letter of indemnity. The article puts forward to the argument that the person who is not the original B/L holder breach of contract if the the person who is the original B/L holder is the seller of the contart, because the person who is the original B/L holder has right of the contract. Meanwhile, the person who is the original B/L holder is tort, the original B/L holder still have right to accuse the person who is the original B/L holder torts against the B/L. The carrier has the right to recourse the person who is not the original B/L holder against the unjustified bendfits. Furthermore, the guarantor of the letter of indemnity has right to recourse the person who is not the original B/L holder acccording to the terms of the letter of indemnity. Chapter four the letter of indemnity for delivery of goods without presentation original B/L di (?) cuss the conception of the letter of indemnity firstly. the article explains the legal nature of the letter of indemnity for delivery of goods without presentation original B/L in the views of the letter of indmnity issued by the person who is not original B/L holder,the letter of indmnity issued by the third party and the letter of indmnity issued by the person who is not original B/L holder and third party secondly. The article analyses the advantages and the disadvantage of the letter of indemnity for delivery of goods without presentation original B/L thirdly. Last but not the lest, the author probes into the relative efficiency of the letter of indemnity for delivery of goods without presentation original B/L.Charter five the countermeasures against taking delivery of goods without presentation original Bill of Lading. It is important to find out the situation and attach in remedy measures of maritime affairs as soon as possible upon the taking delivery of goods without presentation original Bill of Lading occured. However, the prevention of the taking delivery of goods without presentation original Bill of Lading occurred is more important. It is hopeful to reduce the taking delivery of goods without presentation original B/L by using electronic B/L and educating the legal culture to employees of this industry.Charter six come to the conclusion of thesis.