Study On Legal Risk Identification Of Lessor's Bill Of Lading In Time Charter Party

The Maritime Law of the People's Republic of China divides ship charter party into three types: time charter,bareboat charter and Towage contract.Among them,the term charter party refers to a contract whereby the shipowner provides the charterer with the charterer's crew and the charterer uses the ship for the agreed purpose and pays the rent within the agreed period.The agreed purpose of time charter is generally in the form of exhibition,warehousing and transportation.The time charter party discussed in this paper is limited to the carriage of goods by sea.As for the definition of time charter party,there are some theories such as maritime transport contract,property lease contract and mixed contract.From the perspective of the legislative structure of China's Maritime Law,the relevant provisions of time charter party are placed in the chapter of "ship charter party" rather than "contract of carriage of goods by sea".The nature of time charter party is not limited to the simple carriage of goods by sea.Therefore,this paper considers that time charter party should be a mixed contract,and different items in the contract have different characteristics.Based on this,the paper analyses and discusses the legal risk identification of the lessor's bill of lading in time charter party.Bill of lading is not only the proof of the contract of international carriage of goods by sea,but also the proof of the carrier's acceptance of the goods or the loading of the goods,but also the proof of delivery or acceptance of the goods.Therefore,the bill of lading is a tool to connect and deduce the key nodes in the practice of maritime cargo transportation under the time charter party.From the perspective of the shipowner in the time charter party,and drawing on the general principles of legal risk and its identification,this paper mainly analyses the types and identification methods of the legal risk of the bill of lading related to the shipowner,with a view to providing positive suggestions and legal risk prevention and control measures for the shipowner to identify the legal risk of the bill of lading.