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Research On Legal Issues Related To Telex Release

Posted on:2013-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z W TangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The application of bill of lading in international maritime transportation of goodshas become mature. Relatively, the pact of international maritime transportation anddomestic legislation has been normative. And these undoubtedly have positivepromote action to application of bill of lading. The bill of lading is a kind ofdocument of title so that if you occupy the bill of lading, you will have the real rightof the bill of lading. Making the bill of lading have real right nature is convenient topersons’ business for goods. However, during maritime transportations, the persons’goal is very explicit. They just want to transport the goods to port of destination andrarely involve the problem of reselling goods. In this condition, the defect oftraditional bill of lading seems even more highlighted, for example, the slow speed ofcirculation, the inefficient transmission and so on. These defects always cause that thegoods arrived the destination before the bill of lading. In order to overcome thedanger of advanced goods compared bill, relative parties choose the application ofTelex Release Bill of Lading. Telex Release Bill of Lading transfers by telephone,telegram, electronic mail etc. so that it has fast speed and high efficiency. And theseadvantages really solve the problem mentioned above. Seaway bill and Electronic billof lading also possess these features. According to this essay, it first gives anintroduction of the Telex Release Bill of Lading production background. Then itexpounds about the concept, feature, operating process, legal quality etc. incomprehensive and systematic angle. This part lays foundation for later legalapplication argument. The second part is aimed at comparing the Telex Release Billof Lading, Seaway bill, Electronic bill about operating process, legal function andcharacter etc. to embody every advantage of each other in order to give the tradersconvenience to choose a document favored to themselves. Furthermore, it evencompletely expounds observant notes during application of Telex Release Bill ofLading by analyzing the nature of Telex Release Bill of Lading and observing itslegal application. For instance, the relationship between Telex Release Bill of Ladingand customary transportation contract, the delivery duty of carrier, the relationship between Telex Release Bill of Lading and three international goods freight pacts etc.Under the condition of applying Telex Release Bill of Lading, there are several mainrisks to be faced as follow: Firstly, as far as exporter, he may lose goods and controlpower of goods and will face the cheat risk of the coalition between goods freightfactor and importer. Secondly, to cargo receiver, he may lose goods, right of claim forcargo insurance and just claim for carrier. Thirdly, to carrier, he may face the risk ofrendering goods in mistakes probably because he don’t recognize shipper carefully.At the last part, in view of the reference of many kinds of material and literature, I putforward some suggestions for evading the risk during the application of Telex ReleaseBill of Lading, such as reinforcing the inspection of clients’ fiduciary intelligence,taking measures about insuring export credit guarantee, choosing safe and positivemodel of delivering goods and vigorously popularizing the application of Seaway billetc.
Keywords/Search Tags:Telex Release Bill of Lading, Function, Risk, Evading Measures
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