Delivery Of Cargo Without Production Of An Original Bill Of Lading

Bill of lading is a document which is used to prove a contract of sea transportation and that cargo has already been taken over or shipped by carrier, and also is a proof against which a carrier guarantees delivering cargoes. As a very important document in international trade, bill of lading is regarded as a key to open the door of cargo holds. The special position and important meaning of B/L make it not only a right but also an obligation for a carrier to deliver cargo with production of an original B/L in sea transportation.However, along with the quick development of modern shipping, it seems more and more difficult to request a carrier to deliver cargo with production of an original B/L strictly. The phenomenon of delivery of cargo without production of an original B/L takes place repeatedly, particularly in the transportation of crude oil. In the case of Sagona, when he was asked whether the circumstances of production of an original B/L usually take place when delivering cargo, the captain with 14-year experience of driving oil tanker said," I have never seen it." Delivery of cargo is a very important link in sea transportation, but the main problem for a carrier is delivery of cargo without an original B/L when he delivers cargo on the purpose harbor. Unfortunately," There's only limited study on this question in existing pacts of sea transportation". It is because that the problem of delivery of cargo is very complex, and there are too many differences in different countries. The purpose of this article is to clarify the problem of delivery of cargo without production of an original B/L by discussing the character and the duty of delivery of cargo without production of an original B/L. What is called "delivery of cargo without B/L" means that a carrier delivers cargo without production of an original B/L. The reason causing this problem is that modern marine speed is quicker and quicker, the distance of transportation is shorter and shorter, and the speed of the bill of lading's operation cannot keep up with the marine rhythm. In addition, such reasons as that the seller cannot or would not convert foreign exchange, the buyer cannot or would not go to the bank to retire documents ,some special engagement in the contract etc ,can usually cause the problem of delivery of cargo without B/L. Why does the problem of "delivery of cargo without B/L" can cause so many disputes? It is because that a carrier have the duty to deliver cargoes with production of an original B/L. Once the carrier did not come to time, he stands a good chance to be indicted by breach of faith or infringement because of delivering cargo to a wrong person. This duty of carriers is decided by the bill of lading's special meaning and function.On the one hand, bill of lading is a proof of a transportation contract of cargoes. If a carrier and a shipper have not contracted extra, bill of lading itself becomes the contract between the carrier and the shipper. And when it is negotiated by endorsement, bill of lading again becomes the contract between the carrier and the concessionaire of bill of lading. It is prescribed in the 71st. item in China Maritime Law that bill of lading is a document by producing which a carrier delivers cargo. The definition establishes the bargain relationship between a carrier and a legal B/L holder. The carrier must ensure that cargo should be delivered to the legal B/L holder only when an original bill of lading is produced. If the B/L holder shows the original bill but cannot get the cargo, he will be entitled to bring an accusation against the carrier. On the other hand, bill of lading is a Document of Title. This important function comes from the demand of England merchants' convenience in sea transportation in 18th century and the approbation of England law on this assumed right. There are several meanings as following on the "title" of bill of lading: 1.As long as there's not any contrary proof, the holder of bill of lading can possess the ownership of cargo on the B/L's item; 2.As long as there...