On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(29)
6. The resolution to the issue of releasing of goods without B/L
a. The advices given to solve the issue:
(a). Employment of sea waybill: sea waybill is a kind of non-negotiable written document which demonstrates the goods carried by sea have been taken over or shipment by the carrier and the carrier guarantees to deliver goods to the designated consignee.[42] Because of non-negotiable, sea waybill doesn’t represent the ownership of goods, preventing the fraudulence may be brought about in the assignment of B/L. Meanwhile, it reduces the process of circulation, so the consignee can take delivery immediately, adapting to the recent reality of fast shipping but slow exchange of documents. The problem of releasing of goods without B/L is resolved.[43]
(b). Adoption of electronic B/L: It’s a kind of procedure which makes use of the system of EDI to assign the ownership of goods carried by sea. The 《Rules of Electronic B/L》 formulated by CMI stipulates in Provision 9 that: “…when delivering, once the consignee shows the valid document, the carrier must release of good after checking. The owner of goods issues a directive of delivery to the carrier according to the code given by carrier, and the carrier releases of goods according to the directive of delivery”.[44]
总共33页
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