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On The Delivery Of Goods Without Legal Risk And Its Regulation

Posted on:2012-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:J N ZhengFull Text:PDF
GTID:2216330338999042Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Since China joined the WTO,Maritime transport is the main form of international trade. But there are always have some problems obstruct the progress of trade during the transport, and delivery of goods without bill of lading is one of the problems.As the significant trade country, we are the sellers in most cases. But the fact is that we don't have any laws and regulations about how to deal with the problem which meeting with delivery of goods without bill of lading, and this make us always in the disadvantage position that leads us suffered great losses. This dissertation analyses of this issue in order to get rid off this predicament.First of all, the writer describe the concept of bill and the courses of delivery of goods without bill of lading, futhermore, the status of it was being analysised.Due to there are always debates on functions of delivery of goods without bill of lading, the author describes three different theories about it which are the theory tort liability,breach of contract and the default competing tort,and the author believes it breaches the contract. at the same time analyzes different functions of it in many specific conditions.The article emphasizes on analysing different impact to everyone which exists in each legal relationship of delivering of goods without bill of lading.Finally, strategies are proposed to prevent and solve the problem of delivery of goods without bill of lading with the survey which made by the writer. The purpose of this issue is to promote the maritime trade in a good condition.
Keywords/Search Tags:bill of lading, delivery of goods without bill of lading, letter of credit, legal risk, legal relationship, parties
PDF Full Text Request
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