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The Study Of Delivery Of Goods Under Straight Bill Of Lading

Posted on:2016-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:X F HuiFull Text:PDF
GTID:2296330470478561Subject:Maritime law
Abstract/Summary:PDF Full Text Request
Carriage of goods by sea has quite a lot of contract disputes. Bill of Lading plays a role in the practice of carriage of goods by sea. Bill of lading as an important bridge among international trade, transport, settlement and circulation in international trade. For many years in the past, because of the abuses and misunderstandings of the document of title of Bill of Lading, disputes of bill of lading always appear. The defects of international conventions and the effectiveness of bill of lading of the domestic law,, leading to the legal practice of bill of lading is not uniform. It blocks the international trade and logistics seriously. The disputes of delivery under straight bill of lading also come out:if carrier could release the goods without original bill of lading under straight bill of lading or not. It becomes the focus of academic circles of maritime law. Maritime Code of the People’s Republic of China, on the one hand, takes the straight bill of lading as B/L, on the other hand,straight bill of lading is different from the other bills of lading in practice. The rules of Maritime Code are principle. It leads to confusion in practice. To solve the problem, the supreme people’s court issues judicial interpretation about trial without original bill of lading on several issues concerning application of the law to the delivery of cargo. It includes specific provisions to solve the disputes about release without original bill of lading, but there are some conflicts between article two and nine. It affects the actual operation of the straight bills of lading. This thesis attempts to analyze the typical cases depth and to compare the relevant provisions of countries. The author wants to make further discussion and study for the delivery issues under straight bill of lading, and proposes changes of the unreasonable regulations of the Judicial inteipretation of release goods without straight bill of lading. The author hopes to make better suggestion to improve our country’s laws and regulations. The author starts the thesis from a typical case about release goods without original bill of lading under straight B/L, use comparative law research methods, reference relevant international conventions, Britain and other major shipping countries’laws, Maritime Code of our country and the supreme people’s court issues judicial interpretation about trial without original bill of lading on several issues concerning application of the law to the delivery of cargo, combined with related cases, to discuss the delivery issues under straight bill of lading and the changes of article nine.This thesis includes five chapters. The first chapter introduce a typical case about delivery under straight bill of lading,thinking from the case,to state the legal application of delivery without original bill of lading and recognize the carrier and consignor.The second chapter discusses legal issues related to bills of lading,include the straight bill of lading’s particularity, its value of existence, its function and state if the straight bill of lading has the function--document of title or not.The third chapter analyzes the necessity of delivery with original bill of lading under straight B/L. At the same time,the author uses the comparison methodology to explain the other shipping countries’attitude to the straight B/L.The forth chapter discusses the unreasonable of the article nine,proposes the changes of the article nine,to analyze the changes and propose the author’s opinion.
Keywords/Search Tags:Straight Bill of Lading, Delivery without Original Bill of Lading, Document of Title
PDF Full Text Request
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