On the release of goods without Presentation of B/L in carriage of goods by sea/董刚

On the release of goods without Presentation of B/L in carriage of goods by sea/董刚

On the release of goods without Presentation of B/L in carriage of goods by sea
——Taking into consideration the introspection and query to the focus of issue of releasing of goods without B/L

Summary Introduction

Bills of lading, the document invented by European merchant, has become the basis of international trade and shipping by hundreds of years’ practice, customs and improvements.[1] These years, the case of taking delivery without B/L has been a large proportion in maritime trials, becoming the focus of the issue of B/L. It has been a long time people argued its nature, legal responsibility and the legal validity of the letter of guarantee. Some people even say “taking delivery without B/L nearly is one of the ‘aberrant’ ocean carriage acts relating to the most problems in theory and practice.”[2] It will be necessary to thrash over the problem for carrier, the owner of goods, agent of shipping and goods and the parties of trade, and it will be beneficial to improve our credit of foreign trade. This article will regulate these issues systematically and try to interpellate the viewpoint about the character of this act and the validity of the letter of guarantee. Meanwhile it will recognize the legal responsibility of the issue logically from a new angular .At last it will give some resolutions to solve the problem of taking delivery without original B/L.

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