Study On The Legal Nature Of Anti-dated Bill Of Lading

Along with the development of the international trade and marine transportation, Anti-dated B/L has become a common maritime fraud. In recent years, cases of Anti-dated B/L have taken place so often that they have seriously disturbed the normal international trade and the marine transportation order. Anti-dated B/L severely harms the right of buyers, has a great impact on the normal order of international trade and shipping order, and also has a huge influence on the traditional documentary letter of credit system. As the nature of the anti-dated B/L, both in reality and in the academic circles, it has big controversy.So far, there are no definite provisions about its legal nature and liability. Disputes also exist in both judicial and academic areas. There are different theories about its legal nature, such as the theory of Tortious Liability, the theory of Contractual Liability, the theory of Competing Liabilities, the theory of Contracting Negligence,the theory of Metamorphosis Liability and so on. Different accounts about its legal nature have a big impact on the obligations and rights of parties, the attribution of responsibilities and the choice of litigation. Therefore, it is of great significance to deeply study the character of Anti—Dated Bill of Lading and related issues concerned.It can also promote the perfection of related legislation. Therefore, the Contractual Liability and the Tort Liability are thoroughly compared in this article, scilicet they are compared in substantive law and in procedural law and finally it concludes that the choice of the Contractual Liability will have a better effect on the prevention of the Anti-date B/L.