The Liability For Compensation Of Carrier Under Back-dated Bill Of Lading

Bill of lading is very important in international trade,not only it is a proof of carriage of good by sea, but it is a necessary document for international trade especially in relation to Letter of Credit.For only if the seller provides a B/L which in accordance with the L/C to the bank,will it pay the money in return.However,the problems of backdated B/L arise, impeding the development of international trades and carriage of goods by sea. There are two reasons for its emerge. First, when the goods are loaded on board a vessel on a date later than that agreed in the L/C, the seller often asks the carrier to issue a backdated B/L, in order to get the payments of the goods. second, in order to get the freight under the B/L,the carrier often issues a backdated B/L himself.Since the problems of backdated B/L has been a long time, The academics have put great emphasis on them and made wide discussions. However, these discussions focus on the legal nature of the backdated B/L, lack of systematic researches on the carrier’s liability for compensation.Based on the academics’research achievements,this paper makes further and systematic discussions about the carrier’s liability for compensation. This paper are divided into the following parts.Part 1,the summary of backdated B/L. In this part,the writer gives a definition about backdated B/L analyzing its features,points out the importance of the issuing date and the serious results of the backdated B/L.Part 2 the basis for the carrier’s liability for compensation. In this part,the writer discuses the theoretical and legal grounds for the carrier’s liability for compensation. The theoretical basis originate from defining the legal nature of the backdated B/L, after which step can the carrier’s liability for compensation be ascertained. While the legal grounds means the regulation of the carrier’s liability for compensation by law, Through which the Anspruchsnormengrundlage can be easily found. According to the law of our country,there are no regulation about the liability of the carrier under backdated B/L. However,we can discuss the above problems on the basis of Matitime Law,Tort Law and General Rules of Civil Law. Besides,in my opinion,the legal nature of the carrier’s liability should be regarded as Tort liability,So that the benefits of the consignee will be well protected.Part 3, the scope of compensation by the carrier.In this part, the writer points out the losses suffered by the consignee,then discusses the essential principals the carrier should follow,and specify the scope of compensation by the carrier.In my opinion,we should follow the principals of cause and result,compensate for all,reduce losses and remote losses to determine the precise scope of the carrier’s liability.Thus the scope should include the payment for goods and its interest,extra charges in special condition.Part 4, the demurrers and the burden of proof under the backdated B/L. In this part involves the demurrers of the carrier and the burden of proof for the consignee.In my opinion,the carrier is entitled to rights to exempt and limit,but he has to prove it.In addition,if the consignee sues the carrier for compensation,he will take the burden of proving that the carrier is in fault and there is cause and result relationship between the carrier’s act and the losses he suffers.Part 5,the perfection for the carrier’s liability for compensation under backdated B/L.In this part,in addition to pointing out the existing problems of the carrier’s liability for compensation under backdated B/L, the writer makes a few suggestions for improvement of it.There are many problems relating to the carrier’s liability for compensation under backdated B/L,such as that the legal ground is not clear,the legal nature is ambiguous and that the scope for compensation is too narrow.Thus, I provoke two suggestions.First,make a new judicial explaination regulating the problems arising out of the backdated B/L.Second,sift out conductive cases.