Under FOB Term, Research On The Problem Of Delivery Of Goods Without Original Bill Of Lading

Along with the development of the marine transportation, one kind of marine document,the bill of lading(B/L)becomes the essential certificate for the carrier to deliver goods to consignee. According to our country's "Maritime Law", as well as the international convention, the carrier must deliver the goods depending on the original B/L. Along with the development of the marine transportation, the bill of lading has become to the carrier to the consignee the main basis of delivery. However, in reality, the carrier sells goods depending on the letter of guarantee and the transcription of the B/L frequently and this has caused massive disputes. According to relevant statistics, southeast Asian countries more than 90% above 70%, Japan both in China and some port 90% of import goods have no single put the goods the phenomenon. And the current China's export trade fields use FOB terms (Chinese and foreign goods business contract) contract has reached 60 percent to 70 per cent. So in theory and trade practice there's some need to do some research on the topic.First of all, this essay research on the problem of delivery of goods without original Bill of Lading and the significance under FOB term. Under FOB term, Research on about delivery of goods without original Bill of Lading at home and abroad, and make sure the research methods.Secondly, the author appraises the legal nature of the bill of lading, the mean of FOB team and the contract fulfillment process. Then the author further appraises under FOB term the theory and contract relationship. Then the article discusses the different reorganizations of responsibilities under the different employees.Finally, research the problem of delivery of goods without original bill of lading from specific treatment process of case. Puts forward specific legal advice, and puts forward the author's preferences. This paper is the core and two new places.