New Developments In The Delivery Of Goods Law

The subject of this dissertation is the legal question of Delivery of Goods without Original Bill of Lading. Analyze the question through comparing the Several Provisions of the Supreme People's Court on Application of Law for trial of disputes over Delivery of Goods without Presentation of Original Bill of Lading with the Rotterdam Rules, Hamburg Rules and the Hague Rules and the Visby Rules. What's more, during the analysis the writer tries to point out the development and shortage of the new laws.In Chapter One, writer tries to analyze the legal character of the B/L and the content of the legal relationship of B/L. In the view of the writer, the B/L is a document of indirect possession.In Chapter Two, writer tries to point out the meaning of the question of Delivery of Goods without Original the B/L and the category of it.The Chapter Three is about legal liability of the question. It is argued that whether a tort or a contract violation arise from the delivery of goods without B/L. According to the new law, it is concurrent liability for the carrier. What's more, the writer will analyze the liability of the actual carrier under different situation..In Chapter Four, it is about exception clauses in the Several Provisions of the Supreme People's Court on Application of Law and the Rotterdam Rules Especially, there is a new exception system---the controlling right. It is hotly argued and will have significant influence on the development of the sea transportation and the trial of the people's court.The last chapter is about time for suit. The writer thinks it is proper of limitation period for one year. Also, it is analyzed the beginning of the limitation period.