The Right Of Banks As The Bill Of Lading Holder In The Case Of Delivery Of Goods Without Bill Of Lading

With the progress of shipping technology,the ship speeds up,the voyage is shortened,and the goods arrive at the destination port before the Bill of Lading.A large number of releasing goods without Bill of Lading seriously damages the shipping order,restricts the healthy development of trade and shipping,and makes the credit mechanism of Bill of Lading established for centuries no longer stable.Bill of Lading is a commonly used document for maritime shipping,and its function of goods receipt and delivery certificate determines that the carrier shall deliver the goods under the Bill of Lading at the port of destination after receiving the original Bill of Lading.Under the documentary letter of credit,the Bill of Lading is the final guarantee for the bank to get the payment from the buyer,and the Bill of Lading is also the link for the bank to participate in the international trade and transportation of goods.In the case of the dispute over the release of goods without Bill of Lading,the bank can claim rights against the carrier,and what rights it claims are still to be studied.Starting from one of the disputes concluded by the court in the typical cases concluded in 2019,this thesis studies how the bank protects its interests as a party legally holding the Bill of Lading and what rights are based on the Bill of Lading.The thesis consists of introduction,text and conclusion.The text has four parts.The first part puts forward the problems under the dispute of releasing goods without bill and how to define releasing goods without bill.The second part introduces the status of the bank in the legal relationship when the dispute of releasing goods without documents occurs.The third chapter introduces the property of the right of Bill of Lading held by banks.The academic circle has been disputing the right of Bill of Lading of banks.With the continuous development,the right of pledge has become the mainstream theory of the academic circle.How to set up Bill of Lading pledge becomes a big problem for the court to judge whether the bank is entitled to compensation.The fourth part puts forward some suggestions on the basis of the previous three parts.First,on the judicial relief of the bank’s rights: to clarify the bank’s position in the carriage of goods by sea,when the dispute over the release of goods without documents occurs,the bank exercises the right of Bill of Lading to the carrier,then the bank is the holder of the Bill of Lading;Both parties involved in the agreement of assignment guarantee in the contract,the construction of assignment guarantee is a new idea to improve the relief of security right of Bill of Lading.Second,it is suggested that the banking industry establish a mechanism to prevent payment for goods collection,increase the types of insurance for releasing goods without documents in letters of credit,establish an account warning mechanism and establish a special maritime monitoring department.