Research On The Legal Status Of Bill Of Lading-"The Certificate Of Possession"

When it comes to carriage of goods by sea, its nature of being international calls for the consensus on the legal issues related to bill of lading. While on the other hand, the differences in property law make it much more difficult to decide whether bill of lading should represent the goods related. So far, China has neither＜Law of Bill of Lading＞nor any convention effective on this part, so it’s worth working on the legal status of bill of lading under existing Chinese law, as well as how to apply the related rules in<Rotterdam Rules> if it came into force in China in the future, and that’s exactly what the thesis is aimed forIn the first chapter, there’re introductions of the legal status of bill of lading both in theory and legislation, based on them and the theories of comparative law, it comes to a draft conclusion about what principles we should follow when considering the subject issue. In the second chapter, it’s mainly about the theory of possession, including its nature, formation, transfer, efficacy and protection etc., together with the analysis of the application of possession under existing Chinese law, they build up the foundation for the later discussion in this thesis. In the third chapter, through the inductive argument method and deductive argument method, starting from the dynamic analysis of the functions of bill of lading on behalf of goods in international trade, international finance and international carriage of goods by sea, it comes to a strict conclusion that the bill of lading should be recognized as " the certificate of possession " under existing Chinese law. In the forth chapter, it applies the theory of " the certificate of possession " in solving the problems on delivery of the goods, the obligated party to pay the freight, issuance of bill of lading, right of control and transfer of rights, which further proves the consistency of the theory of’the certificate of possession’and the practice of bill of lading.This thesis begins with the existing doctrine and the theory of possession, based on the function of bill of lading in international trade, international finance and international carriage of goods by sea, it analysis the legal status of the negotiable bill of lading and comes to a conclusion that bill of lading should be recognized as’the certificate of possession’under Chinese existing law. In the end, it also applies the proved theory to the issues of bill of lading in international carriage of goods by sea both in theory and in practice.