The Carrier’s Potency Research Of The Delivery Of Goods Without Original Bill Of Lading

With the strengthen of commerce, it has become a criterion must be observed inshipping that carrier draws on Delivery of Goods With Original Bill of Lading. But inpractice, carrier is usually delivery of goods to consignee according to Delivery ofGoods without Original Bill of Lading because of various reasons. The action is notonly damage benefit of the owner of Delivery of Goods With Original Bill of Lading,but also enormously violate Maritime cargo trade transportation system, and finally giverise to happening of the case dispute. I will base the common situation that consigneetakes delivery of goods according to Delivery of Goods without Original Bill of Lading,from the national and international, research the potency of the Delivery of Goodswithout Original Bill of Lading through the key factor of the carrier.In this paper, according to the convention, law and regulations about Bill of Ladingwhich are current in national and international, systematic analysis and discuss potencyof carrier’s Delivery of Goods Without Original Bill of Lading using the methods ofnormative analysis and inductive analysis and so on. At first, analyze potency of theOriginal Bill of Lading, and then analyze the potency of the Delivery of Goods withoutOriginal Bill of Lading. After investigation found that Delivery of Goods withoutOriginal Bill of Lading has proof proved effective and claims effect. Then, this paperis further investigated the Delivery of Goods without Original Bill of Lading andresponsibility of carrier. It found that national laws and international conventions havevariety provisions especial in The Rotterdam Rules about whether to allow the carrierdelivery of goods to consignee according to Delivery of Goods without Original Bill ofLading. At the same time, national academic circles has different doctrine inresponsibility details after the carrier Delivery of Goods, however, domestic laws justprovide the Elements of Laws now. Therefore, I think that the carrier delivery of goodsto consignee according to Delivery of Goods without Original Bill of Lading shouldundertake the responsibility of breach of contract in major and concurrence secondary,and The Rotterdam Rules is more reasonable than domestic laws about doctrine ofliability fixation and compensation scope. At last, to the problem of carrier’s Delivery ofGoods without Original Bill of Lading in above and practice law, respectively proposesolution and countermeasure from prevent and relieve of different subject. Base theabove research, we should insist the big principle of the carrier delivery of goods rely onDelivery of Goods according existed international and domestic laws, however, we alsoshould allow Delivery of Goods Without Original Bill of Lading in some specialcircumstances.This paper explores the potency of carrier’s Delivery of Goods without Original Bill of Lading and hope to expand research perspective about this question. By definethe property of carrier, it reduce the difficulty of trial, explicit legal relation between theparties and protect the legitimate right of the parties.