Case Analysis Of Feida Electric V President Of The US Shipment Delivery Of Goods Without Original Bill Of Landing

Taking Feida Electric v.The President of The United States Shipping Company Shipment case that the defendant release goods without collection bill of lading as an example,this article analyzes the common disputes that carrier in foreign-related civil and commercial disputes straight bill of lading shipment release without collection bill of disputes.Happened in the process of the practice of carriage of goods by sea,most of the legal dispute is shipment release without collection bill of lading legal disputes.This article focuses on straight bill of lading shipment release without collection bill of lading issue,stick to case of disputes,and combined with the related theory,put forward their views through analyzing the case step by step.For countries including domestic theoretical circle and shipment release without collection bill of original bill of lading have different opinions about the dispute,including a domestic practice in practice is also different.So do detailed investigation,analysis of the dispute,can help us to re-examine straight bill of lading shipment release without collection bill of lading dispute this behavior,reviewing the related laws and regulations.This article is divided into four parts.The first part is to introduce the case and the focal point of controversy.This case belongs to the proceedings of the supreme people's court case,and is quite representative.Through a brief introduction to the development of the case and the judgment of the courts at all levels as a result,and sum up the focus of the dispute of this case: the first is that the case should apply the law of the place of infringement or the agreement and the Hague rules of law of the United States,the second is the carrier to hold a straight bill of lading not registered whether the consignee delivery shall bear the responsibility.The second part is the case involves the identification of a problem.In this section,first introduced the identification of the object and basis,mainly introduced about the identification on the basis of theories,and then back to the case,combined with the case about the recognition of the case based on object layer upon layer analysis and recognition,and focusing on the analysis of the straight bill of lading the named consignee shipment release without collection bill of lading carrier phase behavior whether it belongs to the infringement or the contract of carriage of goods by sea dispute.The third part is to discuss the issues of the determination of the applicable law of this case.Because the theory for the methods to determine the nature,applicable law has been debated,so in this part separately introduced the meaning of applicable law,the nature and its determination method,and combined with case the courts at all levels for the determination of applicable law,analysis of the court to determine the applicable law in the case of thinking and reasoning process.The fourth part of is a concept that is inevitable in the case of straight bill of lading.About straight bill of lading,the various countries' law on large differences,theoretical confusion,chaos in judicial practice,even if a domestic experts,scholars,the understanding of straight bill of lading are also different.Through the elaborations of the straight bill of lading and sea waybill,negotiable bill of lading,the comparison of the real right certificate,reveals the connotation of the straight bill of lading.And analysis the case of the courts and the parties gradually view of this concept.The last part is mainly about the author putting forward his own thinking through the analysis of the case and combining with our country's judicial practice.From the carrier's rights protection,the author pointed out the irrationality under the straight bill of lading carrier voucher loaning,and gives the corresponding legislative suggestions to the protection of carrier's right,the condition of the practice of the carriage of goods by sea,and other countries and the international convention on the latest rules of three angles.