On The Bill Of Lading Transport Cargo Delivery

The delivery of goods, as an important link in the carriage of goods by sea, is refers to the carrier taking the goods to the goal port by sea, then sending it to the holder of bill of lading or the consignee which assigns in the transportation contract, is the goal to sign the transportation. Because the legal relationship of the delivery stage is quite complex, and there are many problems and disputes in practice, the delivery is always the object which the scholar and the professional studies. Based on this, the author tries to take the delivery of goods under bill of lading as the research object of this paper.Any kind of legal act all exists in the certain legal relationship, therefore, in the first part of this paper, the author will introduce the legal relationship in delivery. First, the author elaborates its behavioral attribute as the dual nature, which includes the real right behavior and the creditor's rights behavior nature. Afterwards, introduces the main body in the legal relationship of the delivery—carrier and holder of bill of lading , moreover, in this legal relationship, there are other related parties, which are not the main body, but play the vital role in this relationship. For example: the shipper who sends the goods to the carrier, the harbor management person who signs the harbor work contract with the carrier, as well as some customs warehouse who exists according to the domestic law in certain countries. These relational sides relate closely with the parties, and have inalienable relations with many legal acts, therefore, so this article will introduce their definition and status in the cargo delivery in this first part. In the second part, the author emphatically elaborates the recognition of the parties in the delivery. Regarding the carrier, the author recognize it in the liner shipping and bareboat charter, the voyage charter and the time charter shipping; As the actual carrier, based on its definition, the author elaborate its recognition in different ways of shipping respectively; For the holder of bill of lading, the author illuminate its relations with consignee after giving it a clear constitution. In the third party, the author introduces the rights and duties of the main body in the delivery. The fourth part, the focal point of this article, is referred to the different means of delivery and the right relief in normal and abnormal ways. In abnormal, the author introduces the standard, representation and right relief of the aggrieved parties in delayed cargo delivery, signified delivery and delivery without the original bill of lading. Moreover, as for the delivery without the original bill of lading, the author elaborates its nature and differs the main body and their liabilities, meanwhile, indicates the points on the methods about exempting liabilities of the carriers, in order to direct the practice work.This article starts off the delivery legal relationship, embarks on the main body and content, adopts method which the theory and the practice unifies, understanding certain extant theory viewpoints and referring to many judicial legal precedent. Therefore, the author read the massive literature material, but because lacks of experience, this paper is short in the practice aspect.