Several Leagal Issues In Carrier Delivering The Googs Without An Origainal B/L

One of functions of B/L is documents of title, thus delivering the cargo with production of an original B/L is the core obligation of a carrier based on the sea carriage contract. However, in shipping practice, because of the conflict between the speed-up of the navigation and the lag of the transfer of the original B/L, the goods have already arrived the discharging port while the consignee have not get the original B/L yet. It is a common choice for the carrier to deliver the goods without original B/L based on the consideration of economic interests, which leads to a series of legal disputes. It has very important significance for the progress and security of China’s foreign trade to analyze and research Some important issues on shipment release without B/L from the angle of law and practice.This paper is started with a case. The author analyzed the following three issues in detail which are raises from this case:the cognizance of the qualified subjects; the correlativity between the telex release B/L and handing over the cargo without original B/L; the cognizance of legal responsibility for handing over the cargo without original B/L of the carrier. The mainstay of the thesis is segmented into the four sections hereinafter:The first section of the thesis is a brief synopsis of the lawsuit and the main controversies. The main controversies between the two litigants are the cognizance of the actual shipper; whether the telex release constitute delivery of goods without original B/L; the scope of carrier’s legal liability, etc. The second part of this essay is about the legal analysis of the cognizance of the qualified subjects. The author analyzed the legal character of the delivery of goods without B/L, and then discussed the identification standard of a actual shipper. The author hold the opinion that the actual shipper is the eligible plaintiff. As for the determination of an eligible defendant is based on the choice of the cause of the litigation. In the third section, the writer demonstrated that telex release do not constitute the delivery of goods without original B/L. Telex release B/L is different from electronic B/L and the delivery of goods without original B/L. The writer also offer some suggestions that when choosing electronic B/L it is wise to choose the trade term carefully. Beware of fraud, it is wise to put emphasis on the trade credit investigation of the importer. The fourth section is the study of the juristically liability of the carrier shipment release without collection B/L The author stated that such conduct of the shipment release without taking back the B/L should not take the system of limitation of liability as an excuse, but it dose have several exemptions. The author holds that the range of the civil responsibilities for the carrier would be the actual value of the cargo. in connection with this case, the author laid emphasis on the content that whether the export tax rebate should be included.In this thesis, the writer studied and summed up several issues arose from the shipment release without original B/L. The research into the subject led to several conclusions and suggestions. The author hope it would be helpful to the import and export trade practice and judicial practice in China.