A Study Of The Legal Nature Of The Three Main Auxiliary Documents Under The Carriage Of Goods By Sea

When the ship sailing on the sea, for the shipper, the carrier and the consignee,the the most important documents should be the bill of lading.But in the shipping practice, how the bill of lading is issued? How is it retrieved? From the perspective of transport documents, on the export side, if the shipper of general goods wants to get the bill of lading issued,he needs to give the mate’s receipt back to the carrier;If the shipper of container goods wants to get the bill of lading issued,he needs to give the dock’s receipt back to the carrier.On the import side, if the consignee wants to take delivery of the goods,he should give the bill of lading back to the carrier,then the carrier issue the delivery order.So to clarify the legal nature of the mate’s receipt,dock’s receipt, and the delivery order is very important to improve the efficiency of shipping practices and internationally saling and buying goods.The whole thesis can be divided into 3 chapters, the main content is as follows:Chapter 1 analyses the legal nature of mate’s receipt under carriage of the general goods.This part introduces the definition of the mate’s receipt and applicable law of mate’s receipt first.After discussing about the issue of the mate’s receipt and the record content on the mate’s receipt,this thesis concludes that the mate’s receipt is a receipt of general goods The legal effcet of issuing of the mate’s receipt clears the responsibility distribution between the carrier and the shipper,also between the carrier and his agent.In terms of the relationship between issuing a bill of lading,and not like the bill of lading the mate’s receipt is not a document of title.Chapter 2 analyses the legal nature of dock’s receipt under the carriage ofcontainer goods.This part introduces the definition of the dock’s receipt and applicable law of dock’s receipt first,After discussing about the issue of the dock’s receipt and the record content on the dock’s receipt,this thesis concludes that the dock’s receipt is a receipt of container goods. The legal effcet of issuing of the dock’s receipt clears the responsibility distribution between the carrier and the shipper,also between the carrier and container yard or container freight station.In terms of the relationship between the dock’s receipt and the bill of lading, the dock’s receipt is a primitive document for issuing a bill of lading,and not like the bill of lading the dock’s receipt is not a document of title.In terms of the relationship between the dock’s receipt and the mate’s receipt,the most difference between the two documents is that they are different in type of shipping,and their legal nature are similar as documents.Chapter 3 analyses the legal nature of the delivery order under the carriage of goods.This part introduces the definition of the delivery order and applicable law of the delivery order first,In terms of the relationship with the bill of lading,the delivery order is issued by the carrier according by the original bill of lading, and not like the bill of lading the delivery order is not a document of title.When the consignee does declaration for importation,the delivery order is required; Also the delivery order is a very important document related to the goods between the consignee and port operator.