On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(19)
The cause of action two: “undue enrichment”
When discussing the responsibility attribution of releasing of goods without B/L, people always take into consideration from the aspect of tort and breach of contract, but never give any attention to the debt of undue enrichment which may be constituted. The definition of “undue enrichment” is that having no legal basis, the beneficiary acquires the interests while jeopardizes the interests of the other people.[32] The essential of constitution are as follows:
i). Acquiring the interests in property: Taking delivery from the carrier will add up to the property of the person who delivers without B/L positively.
ii). Jeopardizing the interests of the other people: The property of the holder of original B/L is reduced negatively because of the delivery of goods by the person without B/L.
iii). The existence of causation between acquiring the interests and being prejudiced: The theory of civil law divides the undue enrichment into types: undue enrichment of pacare and undue enrichment of non-pacare. While the undue enrichment of non-pacare can be divided into three types: undue enrichment on act, undue enrichment on legal provisions and undue enrichment on natural events. While the undue enrichment on act is constituted by three types of act, namely, the act of the person who is prejudiced, the act of beneficiary and the act of the third party.[33] The damages in property of the holder of original B/L should be the result of the joint act of beneficiary and the third party.
总共33页
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