Discussing On The Responsibility Property And Right Relief In Delivery Of Goods Without Bill Of Lading

Bill of lading is issued by the carrier in the process of transportation, but the meaning of the bill of lading in economic activity is not only reflected in the transportation stage, its versatility in active state determines the international trade of goods, carriage of goods by sea settlement for the connection of economic activity in factors, such as formation of complex legal relationship. Under its damages become a big problem in the field of Marine cargo claims. Delivery of goods without bill of lading is common in maritime disputes. According to CMI in 2000, 15% of existing in the liner shipping shipment release without collection bill of lading, charter transportation reached 50%, some important items such as minerals, oil trading as high as 100%. But with the development of navigation technology, greatly accelerated the speed of transport of goods, bill of lading of flow velocity in many cases, already can’t keep up with the speed of the goods, today, there is no single phenomenon emerge in endlessly, delivery of cargo without original bill of lading delivery disputes rising trend year by year, the holder of the bill of lading right remedy is very necessary.But, on the issue of the delivery of goods without bill of lading damage compensation liability, the regulation of our country "Maritime law" did not make clear, although also discussed by many people theoretically, but the view is not unified, and more concentrated in the b/l creditor’s rights on the nature, function, academic, is of great reference value, because of the existing research is the study of a legal point of b/l, in the solution actual problem is difficult to apply it directly. While in order to solve the problem of shipment release without collection bill of damages qualitative, issued by the supreme people’s court, the supreme people’s court cases relating to delivered the goods without original bill of lading provisions on some issues of applicable law, gives the holder of the bill of lading can, on grounds of breach of contract or tort, damage compensation liability claims to the carrier’s rights. But the regulations are not further provisions or explain what is in violation of the agreement, what rights infringement, that apply to chaos in practice.This Paper applied the method of claim basis to explore under the bill of lading holder of the bill of lading have any claim on the carrier, and further to explore in violation of the payment claim, the claim can be justified in order to define process, reduce the arbitrary conclusions.The Paper is divided into three parts, the first part mainly introduces the origin of the shipment release without collection bill of lading, and combing the bill of lading involved in commercial transactions, and on the basis of the analysis of the legal relationship of bill of lading related major, further put forward the dispute may encounter in the process of solving problems. First, the bill of lading legal relationship itself. Second, the bill of lading issued by reason, namely the contract of carriage of goods by sea. In the case of CIF, the contract of carriage of goods by sea is the shipper(goods holder) has signed a contract with the carrier relations. Third, the relationship between the basis of b/l by endorsement or delivery, including the original international contract of buying and selling of goods, maritime transport of goods in transit business, l/c settlement, etc. The basis of different relations, will affect the rights of bill of lading holder for the cause? Fourth, the goods that the bill of lading and the relationship between. The bill of lading is different from the money stock, as a kind of bills of lading, the existence of the below goods on the bill of lading will produce what kind of impact, and indirectly affect the bill of lading holder the right to legal? By analyzing the shipment release without collection bill of lading holder of the b/l to the carrier for any claim for compensation for damage may face obstacles, can be summed up on the way to explore the basis for compensation for damage, the following questions need to be solved.The second part explore the right of claim to solve the problem of shipment release without collection bill of lading. First of all, to find the related legal norms. Our country "maritime law" did not make clear rules, the supreme people’s court cases relating to delivered the goods without original bill of lading provisions on some issues of applicable law, gives the holder of the bill of lading can, on grounds of breach of contract or tort, damage compensation liability claims to the carrier’s rights. But the regulations are not further provisions or explain what is in violation of the agreement, what rights infringement, that apply to chaos in practice. Second, for damage compensation law of qualitative didn’t explain the problem, to distinguish the breach of contract and tort, find its point of controversy is discussed respectively.The third part of the shipment release without collection bill of circumstances, the bill of lading legal holder damages claim list. In the second part of damage compensation, on the basis of the qualitative differentiate the original claim for, judge the behavior of the carrier shipment release without collection bill of lading, violated the right of the holder of the bill of lading, respectively, and lists the types of rights are violated, the bill of lading legal holder to claim to the carrier for damages constitutive requirements. In particular, is divided into three kinds. First, based on the b/l to claims for breach of contract damages. Second, based on the bill of lading of artificial possession of the goods, occupy the tort damage compensation claims. Third, in business situations, the holder of the bill of lading legal relationship for effective business base, will obtain the ownership of the goods, can be based on ownership has been the infringement claim for compensation for damage. At this point, for shipment release without collection bill of types of disputes, with the model of thinking for compensation for damage, explanation to complete. As for, the carrier may avail itself of any defense and errors have to be sure to practice some of the specific issues, mostly in the process of applying the theory in the first part of the building to understand said, in this section would not be in here.