Research On Some Problems About Delivery Of Cargo Without Presentation Of Original Bills Of Lading Based On A Specific Case

A bill of lading is a document which serves as the taking over or loading of the goods by the carrier, and based on which the carrier undertakes to deliver the goods against surrendering the same in international carriage of goods by sea. Based on the original bill of lading to deliver the goods has become a cardinal principle in the international shipping and international sea transportation. Owing to the improving velocity of ship and, cases about delivery cargo without bill of lading have become more and more common recently. For the problem concerns the definition of claim target in shipping, identifying the carrier correctly is significant not only to protect the shipper's lawful rights and interests, but to defend the trade safety.In order of "arising, analyzing and solving question", the paper mainly discusses three questions from the case, including identify of carrier, quality of delivery of cargo without bill of lading, application the limitation period for claims. Three parts are arranged in this paper in the order as follows: the details of case and argument; analysis the legal question of the case; advice and reconstitution. The first part of this paper introduces the details of case and argument. Through to analysis of disputes between the plaintiff and accused, the author finds that the argument the two sides focused on who is the carrier, Whether it is delivery of cargo without bill of lading or not and application the limitation period for claims, etc. This part of the introduction paves the way for the following analysis. The second part reflected legal analysis in this case, combined with case identify the significance of carrier identification, method and carrier identification in this case. By analysis of the three major role of the bill of lading, the author discusses the legal attribute and relief methods of delivery of cargo without bill of lading. Finally the author also gives an assessment for ascertaining the limitation period for claims. The third part re-recognizes the mode of dispose by court, proposes to build china carrier identification system, mainly from the concept of the carrier to conduct a more comprehensive and science definition to avoid controversy。At the end of the article the author explains the wish of completing the application of the limitation period for claims.By analyzing the contract dispute case of 'Qingdao Shenlong Import & Export Co., Ltd. suing Lianyungang Shipping Corporation for sea transportation' the author forwards some views and opinions against releasing cargo without surrender of bill of lading on the basis of practice, hoping that it will do some help and reference to Judicial practice.