The Study On The Validity Of Transfer Of The Bill Of Lading

During in the international sales of goods, simply the traditional way to tradehardly keep pace with the times, the negotiation of the bill of lading is being widelyused, through long-term trading habits, in order to achieve sales of goods though thetransfer of the bill of lading.Bill of lading is a transport documents in the field ofinternational carriage of goods by sea, its ultimate purpose is to serve the trade better,because of the function and attributes of the bill of lading, namely the receipt of goodsand the proof to the contract of carriage of goods,and document of title，they play avery important role in the process of transportation and trade of goods.It means thenegotiability of the bill of lading give vitality to the bill of lading, this thesis focuseson the validity of the transfer of the bill of lading, namely study on the legalconsequences to the related parties when the transfer of the bill of lading, the authorfocus on the Rotterdam rules, although the convention does not take effect until now,but the author considers its modernity and advancing and prospective is in conformitywith the international trend of the legislation of carriage of goods by sea, and thedevelopment and change of the Rotterdam rules provides a new perspective to studythe validity of the transfer of the bill of lading also, such as what is the difference andconnection in the Rotterdam rules between the transport document and electronictransport records and the traditional bill of lading；whether bill of lading has beenabandoned by the shipping practice and withdrew from the historical stage or not；Inthe Rotterdam rules whether the document of title of the negotiable transportdocuments have been disappeared or not, if it has been not disappeared, so how toreflect the validity of document of the title when the transfer of the bill of lading;Under the framework of the Rotterdam rules how to define for the carrier, the shipper,the holder of the bill of lading, when the transfer of the bill of lading how the legalconsequences for the parties above mentioned, what scope of their respective rightsand obligations. The system of the transfer of right in the Rotterdam rules makesupport for the modification of maritime law. With these problems by comparinganalysis and text analysis,in chapter one the author carries on the preliminary studyfor the problem of the validity of the transfer of the bill of lading, this thesis startsfrom the functions of bill of lading itself, and from the perspective and type of thenegotiable bill of lading,make a comparative analysis between the general debt transfer and instrument negotiation, it is concluded that the bill of lading transfersystem is a particularity system between them. The chapter two the authorsummarizes the source of bill of lading in the transfer of rights in the field of transportof goods, consider that the transfer of right of the bill of lading is from the partialassignment of the contract, and make research on the right content in the process oftransfer of the bill of lading between the holder of the bill of lading and the carrier，and further analyzed on the validity of the transfer of bill of lading; In the field ofinternational trade of goods, focus on the document of title of the bill of lading itselfthrough theoretical analysis and make a conclusion that the document of title of thebill of lading did not disappear, and further discussion of the bill of lading is actuallyrepresents the possession of goods under the contract of carriage. The third part fromthe respective of the Rotterdam rules about the the new development and change ofspecifications for the problems involved,especially focus on the transport documentsand electronic records system and the goods control system, so that make the analysisunder the frame of the Rotterdam rules about the effect change of the transfer of thebill of lading. The fourth part when the modifying the maritime law we shall establishthe system of the transfer of the bill of lading, and take the effective reference andselective adoption of the Rotterdam rules for it, finally put forward some suggestionfor the modification of maritime law.