A Study On Telex Release In Respect Of Carriage Of Goods By Sea

This paper is divided into four chapters. The first chapter includes the introduction of the reasons lead to and the practical operation of "Telex Release", the definition of "Telex Release" and "Surrendered B/L", and the in-depth study on functions and legal nature of "Telex Release" and "Surrendered B/L".The second chapter is the study on the owner of right and legal effect of Telex Release Order. This chapter is divided into three sections. The first section is to analyze the problem of which owner of right can send the Telex Release Order to the carrier. The second section is to analyze the formal validity of the Telex Release Order based on the Civil Law relevant theory, which draw a conclusion that the owner of right of Telex Release Order should send the order expressly and the content must be clear and specific; in which combine with the research of theory and the analysis of real cases; which draw the conclusion that the earrier cannot consider the shipper had sent the Telex Release Order based on the tacit declaration of the shipper, on the other words, the carrier do not have the right to release the goods just based on the payment of Telex Release and the Telex Release tradition. The third section is to analyze whether the shipper have the right to change the Telex Release Order and let the carrier release the goods to another one, which draw the conclusion that the Telex Release Order can be changed.The third chapter is to study on the problem of delivery of goods when B/L is surrendered. This chapter is divided into three sections, the first section is to analyze that the contract promise of delivery of goods should be contained the specific time and the specific place and the specific object, as the Surrendered B/L have the information of the specific palace and object, the Telex Release Order contains the information of the time and the final object, which draw the conclusion the foundation of the delivery of goods is the Telex Release Order of the shipper. The second section is to analyze the legal effect if the carrier release the goods not based on the Telex Release Order. The third section includes the comparison and analysis of "release the goods without B/L’ and "Telex Release", which draw the conclusion that they are not the same. The fourth chapter is the study on the evidential validity the contract of clauses when B/L is surrendered. This chapter is divided into two sections. In the first section it draws the conclusion that the face clauses of B/L have the evidential validity of the contract based on the conclusion Surrendered B/L is an evidence of the contract. The second section is to study on the evidential validity of the contract of B/L clauses on the back, in which analyze based on "Telex Release" are classified into two kinds and the respective effect imposed on each kind by B/L clauses on the back are argued.