Research On Legal Liabilities Of The Carrier's Delivery Of Cargo Without Presentation Of Bills Of Lading

In the International Carriage of Goods by Sea, the bill of lading as a transferable security played an important role in the world. However, the situation as delivery of cargo without presentation of bills of lading increases fast in the maritime practice, and relevant disputes become frequently. It not only shake the foundation of documents transactions, damage of the credit mechanism of the bill of lading, also restrict trade and the development of the shipping industry, impact on the shipping order seriously. And in our country there is a lot of legal vacuum and fuzzy zone in the delivery of cargo without presentation of bills of lading one, which cause this much controversy . However, as long the bill of lading had not quit at the stage of history, it's unrealistic to eliminate it. Only through doing research theoretically and practically, making legal liabilities and preventive measures clearly of delivery of cargo without presentation of bills of lading to curb the proliferation of it effectively. Therefore, improving and reforming the bill of lading system, Minimizing the negative effects of the bill of lading, giving fully play as trade ties and bridge of the bill of lading in international, maintaining international trade and shipping safety. Rationally allocating responsibilities, protecting the shipping industry harmoniously and healthily must have the theoretical value and practical significance. But because of the limited length of article and my knowledge, this paper only expound a single problem that is the legal liabilities of delivery of cargo without presentation of bills of lading, attempting to analyze legal liabilities of it from various perspectives.In this paper, the full text is divided into four parts in addition to introduction and concluding remarks.Partâ… : Concept of delivery of cargo without presentation of bills of lading. Firstly, this section introduces the definition of delivery of cargo without presentation of bills of lading, and Introduces it's form and expression, also analyzes the type of it; the text mainly discussed about the legal liabilities of carriers who deliver cargo without presentation of bills of lading, then about the identification of carriers; if you want to understand carrier's legal liabilities, it has to talk about the adverse impact of the carrier's behavior. Because of substantial existence of delivery of cargo without presentation of bills of lading in practice, there must have its own causes, this article also do an analysis of it in the button of this part.Partâ…¡: About the nature of delivery of cargo without presentation of bills of lading. There are a mount of disputes on property rights on the bill of lading among theorists, which raise a lot of controversy on the nature of delivery of cargo without presentation of bills of lading. Therefore, this part begins with exploring the property rights on the bill of lading, and introducing various doctrines about the nature of delivery of cargo without presentation of bills of lading.Partâ…¢: Disputes about responsibility principle of the delivery of cargo without presentation of bills of lading. Because of the basis of liability is the core of the system of duty, this part analyses the basis of liability of carriers' behavior firstly, it not only affects the duty of the other systems, but also affects the judge in judicial practice. After discussing the basis of liability, this part s a deep analysis and research on whether carriers can use the unit limitation of liability and a summary of issues to defense.Partâ…£: About Countermeasures to the delivery of cargo without presentation of bills of lading. Based on the previous three parts , this part considers the legal theory, the practice of shipping trade in our country, our state of the existing legislative and judicial as well as the international covenant on legislative trends and other factors, analyses some existed problems in judicial practice and put forward a tentative Countermeasures to deal with the delivery of cargo without presentation of bills of lading. Hope to be helpful to study the problem of the continuous development of the theory and judicial practice.