The Research On The Pledge By Electronic Bill Of Lading

Compared with the traditional bill of lading, electronic bills of lading are solvedmany problems of traditional bill of lading. The electronic bill of lading hasincomparable advantages in the circulation speed. In terms of security, electronic billof lading and reduce the possibility of fraud, and electronic bill of lading is to furtherstrengthen the functions of the finance bill of lading. Although the electronic bill oflading is invisible, but can also be used for international trade financing pledge. Thisarticle is mainly relevant content from the pledge of the angle and the "Rotterdamrules" as the breakthrough point to study the electronic bill of lading.The pledge and the pledge of bill of lading is the basis theory study of theelectronic bill of lading. The legal provisions in the pledge, the pledge of rights is aspecial pledge, it is pledge for transfer of property rights. If the bill of lading pledge isa pledge of rights, form of right is not restricted, even if the electronic bill of lading isinvisible, can also be used for pledge.This article mainly uses the standard analysis method, through the analysis of theelectronic bill of lading pledge related legislation, and its induction. In the aspect ofinternational law, mainly about the electronic bill of lading is recognized by thefunctional equivalence principle, laid the foundation for the realization of electronicpledge. But the specific operation rule for electronic bills of lading pledge is notperfect. Provisions of domestic law of the electronic bill of lading pledge are not thesame. And the relevant laws and rules are very simple and self explanatory, often onlya few bars, provisions is not comprehensive and not systematic, can be said to be aminimum of legislation.The electronic bill of lading pledge practice mainly includes several models, areCargo Key Receipt project, Seadocs mode, CMI mode and Bolero Europeanelectronic bills of lading plan. One of the most prominent feature of Seadocs with thispattern is established a held by a bank of the registration center. CKR project ofelectronic bill of lading pledge of operation is not mature, in the CMI mode, theprivate key password is the pledge to realize. Bolero through the core message systemand rights registration system to operation, by an independent third party asregistration, is conducive to the protection of the trade fair."Rotterdam rules" have some new breakthrough rules for electronic bills oflading, confirm the nature of property certificate of the electronic bill of lading from the legislative point of view, the definition of transfer of rights and control and for thefirst time put forward the important basis for the realization of the electronic bill oflading pledge. The development of modern marine also highlights the deficiencies ofour legislation. Aiming at these problems, the more perfect the legislation onelectronic bill of lading pledge provisions. And in the different requirements of valueguidance, provisions on the rights and obligations of the parties will also havedifferences, so in this part relates to some value theory research method.