On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(3)
(a). The nature of letter of guarantee
(b). The validity of letter of guarantee —— the interpellation to the criterion of “good faith and malice”.
(c). The extending tendency of the independence of letter of guarantee ——Demand Guarantees.
5. The resolution to the issue of releasing of goods without B/L.
(a). The advice given to solve the issue
(b). The evaluation to the advice mentioned above and the viewpoint about it
1. Legal basis of taking delivery with original B/L:
(a). The legal character of B/L demands of taking delivery with original B/L:
The 《Hamburg Rules》(1978) defined B/L as: “ a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the documents. A provision in the document that the goods are to be delivered to the order of a named person, or to order, or to bearer, constitutes such an undertaking.”
On one hand, B/L is the receipt of goods and the evidence of the contrast of carriage. Once the relationship of contrast of carriage has been established between the carrier and consigner, the carrier will have the obligation to deliver the goods to the consignee dominated in the B/L intact. Untill the carrier delivers the good to the holder of original B/L, the obligation will not be performed and the contract of carriage will not terminate.
总共33页
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