The Harm And Legislation Of Delivery Of Goods Without Original Bills Of Lading In International Transportation

Delivery of goods without original Bill of Lading (B/L) is one of the most issuable problems in the field of navigation and judicatory practice. Everyone knows the seriousness and high risk of B/L, but it is nessary for us to put it into practice..Although it affects the benefit of carriers, it is not abandoned by them. B/L means the act which the carrier hasn't recovered the original B/L but delivered the goods to the others at the port of destination. The most important reason is between the development of navigation technology and the slow transmission of shipping documents. In essence, it is the contradiction between the developments of science and technology and backward law system. The article starts from analyzing the definitions of delivering the goods without the original B/L.In the shipping Practice, the actual carrier, the agent of the carrier, and other parties will be involved in the issue of delivering the goods without the original B/L, so the article gives a systematic analysis to the problems caused by B/L. I summerize the definition, expressions and reasons of formations of B/L, and do a lot of reaerch of the cases of B/L to show the new trend of it, that is, deceptive delivery of goods without original Bill of Lading. I give a brief analysis to it to get the method to solve the problems. Meanwhile, this article also shows the confliction and imperfectiom of "Maritime Law" and "Custom Law" to solve this kind of problems. The article also discuss the cause of in which the carrier shall not be liable for the loss for the goods, and discusses the right operation should be taken under the straight bill of lading. And then I try to discusse the legal character, the legal effect, and the standard form of the letter of indemnity, by finding some shortages of our own law. At last I hope the article will be helpful for the in depth study of the law making and the judicatory practice about the issue of delivering the goods without the original B/L, which will assist in correctly handling the issue, and averting the risks and damages.