Comparative Research On The Electronic Bill Of Lading Negotiability Patterns

Bill of lading is generated and develops in the international trade. Now it plays a very important role in the international business and international cargo transportation. Developing from scratch, the relevant legal provisions are improved gradually. However, because of its paper forms and negotiability patterns which cannot be changed, the traditional bills of lading come into the plight. In contrast, the negotiability patterns of the electronic bills of lading have more advantages. Based on the legal issues and the concrete practice about negotiability patterns of the electronic bills of lading, this paper makes a comparative analysis of the main negotiability patterns of the electronic bills of lading, in order to promote the application of electronic bill of lading and to establish related legal system of electronic bill of lading.This paper is divided into five chapters, mainly introduces the concept, characteristics, superiority and negotiability patterns of the electronic bills of lading; theoretically analyzes the legal issues on the validity of electronic bills of lading, the function of real right certificate, the admissibility and probative force of evidence, jurisdiction challenges and so on; introduces different negotiability patterns of electronic bills of lading in practice, including SeaDocs, CMI, Bolero and so on; compares different negotiability patterns from many aspects, such as assignment, hypothecation, division of rights and obligations of the contract, security and use cost; makes some suggestions on establishing the relevant legal system of electronic bills of lading.Comparison analysis and synthetic generalization are used throughout this paper. The comparison is mainly from four aspects:1. According to the comparison of electronic and traditional bills of lading from the features and negotiability patterns, this paper expounds the development direction of electronic bills of lading.2. Compares the practice of electronic bills of lading with the existing laws, and highlights the various legal issues of electronic bills of lading.3. Through the analysis of relevant legal theories, seeks the theoretic basis for the legislation of the electronic bill of lading.4. By comparing different negotiability patterns, improves the negotiability pattern of electronic bill of lading.