Research On Limitation Period Of Responsibility For Delivery Of Goods Without Original Bill Of Lading

The bill of lading is the cornerstone of the internationaltrade and maritime transport, as the bridge of internationaltrade and maritime transport.the bill of lading holds animportant position in the international arena. However, withthe economic development, speed accelerated, the phenomenon ofno bill of lading for delivery abound in practice, the bill oflading fall into the credit crisis, disturb the security oftransactions, hinder the healthy development of the maritimecareer. At the same time it caused disputes are increasing, aconsiderable number of disputes on the no bill of lading fordelivery, due to China’s "maritime law" does not provide forseparate delivery of goods without the limitation of actions,rather in the "Maritime"257Article vague provisions claimsagainst the carriage of goods by sea to the carrier the rightto limitation of actions, there is a lot of controversy on theapplication of this section, theorists, and practitioners have different opinions. We should be clearly defined by legislationto solve the problem that delivery of goods without thelimitation of action.Limitation period of delivery of goods without original billof lading is not only related to the efficiency of the courtcases, but also related to the rights of the parties can beachieved. Therefore, the Court and the carriage of goods by theparties are looking forward to uniform requirements. Afterseveral centuries, The interest of the parties to the maritimetransport of goods occurred a fundamental change, absolutesuperiority of the ship has to return to a reasonable level,expectations interest that cargo are fighting for become areality. This article aim at balance the interests of both sidesof the ship and cargo, analysis Limitation period of deliveryof goods without original bill of lading, collection ofrelevant cases, summarized the problems that exist in thesystem, study the theoretical and practical experience of thedeveloped countries, the questions of limitations period, suspended, interrupted, and extension have made a systematicexposition, in summarizing the basis of practical experience,put forward their own views.This paper is divided into five parts.The first part is the outline of no bill of lading fordelivery of goods. Phenomena of delivery of goods withoutoriginal bill of lading abound, and affect the security oftransactions, hinder the development of the shipping industry.With the development of the bill of lading system, the battleof nature about no bill of lading for delivery of goods becomesincrease more and more intense. Play to the effectiveness ofproperty rights in the field of international trade andsettlement, the bill of lading, bill of lading form acontractual relationship between the carrier and bill of ladingholder in the field of transport, based on this, it is oftenconfused with a different bill of lading in the field oftransport and non-transport role, resulting in no bill of lading for delivery of goods qualitative both in theoreticalcircles or practitioners are a lot of controversy, tort, breachof contract Liabilities Concurrence said different points ofview. Therefore, there is theoretical value and practicalsignificance of the unified nature about no bill of lading fordelivery goods.So both of the Hague Rules, Visby Rules, HamburgRules provide for vouchers for delivery of goods.The second part is Limitation period of delivery of goodswithout original bill of lading should be applied. Limitationof actions is conducive to urge the rights of people to exercisetheir rights, and to stable social and economic order andeconomic relations, to rational allocation the judicialresources. So, whether international Convention or nationallaws are made for delivery of goods without the limitation ofactions applicable regulations. In China, there are two ideasabout limitation period of delivery of goods without originalbill of lading.The one is applied two-year in civil law, theother is applied one-year in maritime law. I seriously study the delivery of goods without theory, practical experiencebased on that related to the nature of the delivery of goodswithout the limitation of actions with the responsibility ofthe carrier, if the bill of lading holder petitioned assume thetort liability of the carrier, you should apply two-yearlimitation of action provisions in the Civil Code, if the billof lading holder petitioned the carrier liable for breach ofcontract, you should apply maritime law under the one-yearlimitation of actions.we should be clearly defined bylegislationThe third part is the starting point of the limitation ofactions about no bill of lading for delivery of goods. Inpractice, not only Opinions vary in no bill of lading fordelivery of goods, the starting point for the aging alsodifferent opinions. China’s maritime law delivery of goodswithout the limitation of actions should be calculated startingfrom the delivery or the day on which the goods should have beendelivered ", but because of the maritime law, and not clearly defined in the" delivery "of the concept, delivery of goodswithout delivery" not reasonable, appropriate delivery,delivery does not belong to the Maritime Law, so taking intoaccount the interests of both sides of the carrier and theholders of the bill of lading, delivery of goods without thelimitation of actions starting from the day on which the goodsshould have been delivered ".The forth part is the suspention, interrupt and extend oflimitation of actions in no bill of lading for delivery of goods.Maritime aging suspension with the provisions of the Civil Codeis very similar, but due to the maritime nature of the case,should be clearly defined in the suspension of the subjectmatter, Aging interrupt, only the rights to the request of theobligor interruption of limitation of action does notconstitute legal reasons, he must be obliged to expressly orcommitment to fulfill their obligations. It is different fromthe provisions of the Civil Code; China’s maritime law does notclearly defined on the statute of limitations may be extended by the parties, can not be said that this is very regrettable,because to allow the parties to the agreement to extend thelegal effect of the limitation period the advantages outweighthe disadvantages, this should make provisions as soon aspossible.