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The Research About Risk Of B/L Of International Transport Of Goods

Posted on:2013-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:H R CaoFull Text:PDF
GTID:2246330395952264Subject:Law
Abstract/Summary:PDF Full Text Request
The bill of lading legal system, from creation to evolution, to large-scale development, has experienced the past two or three years time. With the rapid development of global trade, the role played by the bill of lading is increasing important issue relates to the international people’s livelihood. Continuously improve in the bill of lading role for the adjustment of legal relations on the bill of lading, bill of lading legitimate rights and interests of relevant parties to maintain and balance, to encourage global economic development and the use of bill of lading, and transactions, to facilitate the international transport and logistics, most countries statutory or case law on the ocean bill of lading a new definition and standard specification, this prompted a single legal system to refine and further specification.The liquidity of the circulation of the bill of lading means a bill of lading, the circulation of the bill of lading is the mobility between the different subjects, it is its transferability, of course, the bill of lading has been considered can be transferred even think that some international trade,the substance of the bill of lading is its transferability. The bill of lading circulation is of great significance in international trade practice, do not understand the bill of lading negotiable difficult to really understand the laws governing international trade.The bill of lading circulation may produce a wide range of issues. Of course, the bill of lading is the transfer, but not all of the bills of lading under what conditions can easily transfer. Only in the International Sale of Goods, legal parties in full of all the legal elements of the case, not illegal rules of the International Sale of Goods under the premise of the bill of lading can be transferred. That is, when the conditions of full compliance with the legal transfer of negotiable bills of lading can be a real transfer of ownership, bills of lading transfer effect.Most discussions on the legal nature of the bill of lading is not to form a unified theory, but at some point on some legal issues in the international sale of goods or some of the same place. For example, in property relations, the possession of the certificate and the status of securities certificates that gradually improved, and replace the said documents of title, and now two prevailing doctrine. Creditor relations, as an independent legal relationship, the relationship of the bill of lading claims of widely recognized.In the process of development of international trade, with the sea has gradually become the mainstream mode of transport, not segment the strengthening of the role of the bill of lading. The bill of lading is not alone, just as the bill of lading when the way, just as the shipping company or carrier to the receipt of the owner or seller. But has become the transportation of international trade constraint bill of lading the owner or holder of a right of the carrier obligations. The bill of lading is now also become a shipping company of the owner of a commitment, as long as someone holds the bill of lading, they think there is the obligation of payment of goods, or the existence of the relationship between credit and debt. This is also a convention in nearly a century of maritime transport process. In this development, the bill of lading claims between the progressive development established.So to really know the legal nature of the bill of lading is to have a positive effect on our bill of lading the transfer of risk.
Keywords/Search Tags:Bill of lading transference, Nature of Bill lading, Risk
PDF Full Text Request
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