On The Application Of Law Of The Creditor's Right Of B/L

Bill of lading is an important document in the international transportation, so it was widely regulated in the international conventions and national laws. However, it hasn't formed a uniform rules on its application, and different countries have different provisions on it. Thus the application of law of B/L is always a hot issue in the Private International Maritime Law. As US Carriage of Goods By Sea Act (1936) and the Huge Rules don't cover the delivery of the goods, our courts haven't established a uniform application rule on the cases of the delivery of goods without the original B/L. In this article, the real application rules of law on the B/L are redefined.The article has three chapters. In chapter 1, the international maritime rules are introduced, and it points out that there are some defects on our judicial practice on the cases of the delivery without B/L.In chapter 2, it analyzes the reasons for the problem inferred above. It points out that the delivery of goods with B/L is the ostensible title of B/L. However, the relationship between the B/L and the contract of carriage is usually confused in the theory and the practice. Especially in the judicial practice, the application of law of B/L is considered to be the same with that of the contract of carriage. But the ostensible of tile of B/L is similar to the securities; it should be regulated with a separate rule. In view of the Private International Law and the characters of Maritime Law, some special rules should be taken:the doctrine of mandatory law should be firstly considered in deciding the application law; the doctrine of Party autonomy should be a common application law, and the law where the B/L is delivered should be the complementary one.In chapter 3, the article analyzes《Maritime Code of the People's Republic of China》and points out there are some defects on its provisions about the delivery of goods. Through the analysis of the traditional judicial practice about the application law of B/L disputes, the possibility and necessity is stated, and the reasonable suggestions are analyzed in the end.