On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(23)
All the analyses mentioned above can be indicated in the form of graphic statement:
Auxiliary graph: the responsibility attribution and exertion of legal capacity to sue of releasing of goods without B/L:
The holder of B/L is not the sell The holder of B/L is the seller
Object of action Cause of action Exertion of legal capacity to sue Object of action Cause of action Exertion of legal capacity to sue
Carrier breach of contract tort Concurrent Carrier Breach of contractTort concurrent
The person delivering without B/L TortUndue enrichment Joint tortConcurrent The person delivering without B/L tortundue enrichment Joint tortConcurrent
seller Breach of contract (if the holder is buyer and the contract is physical delivery) buyer Breach of contract (if the deliverer is the buyer)
4. Letter of guarantee of releasing of goods without B/L—— The interpellation to the recent theory and practice.
Faced to the contradiction of releasing of goods without B/L, it is common to take delivery with copied B/L in addition to letter of guarantee. In 1983, the Ministry of Foreign Economic and Trade issued instrument in the form of notice, permitting to take delivery with copied B/L in addition to letter of guarantee. It’s beneficial to relax the pressure of port, reduce the extension of shipping and accelerate the circulation of goods. Some people said “the letter of guarantee is the lubricant between trade and shipping”.[36] But recently, the issue of letter of guarantee is universe. Moreover, the 《Maritime Law of PRC》doesn’t regulate the issue of letter of guarantee, so it bring about long-time dispute among people.
总共33页
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