On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(30)
(c). The enterprises of export conclude CIP or CFR contracts if possible: In February, 2001, the Ministry of Foreign Economic and Trade issued 《 The notice about evasion of risk of releasing of goods without B/L》, expounding that recently the shipping agents were in collusion with the importers to release of goods without B/L in 60-70 percent FOB contracts. At last, both the goods and money of our export enterprises were lost. So, the MFET suggested the foreign trade enterprises should conclude CIF or CFR contracts if possible.
c. The evaluation to the advice mentioned above and the viewpoint about it.
The documents subject to title of document such as sea waybill have been widely used in the carriage by sea. Compared with the traditional B/L, sea waybill has many advantages. But B/L function of exchange in carriage by sea still can’t be substituted by sea waybill completely. Some people said: “ the system of company and security are the two basis of modern capitalism”, while the development of B/L is just in conformity with the tendency of rights securitization. So from the view of encouraging the exchange of trade, it’s not appropriate to substitute the B/L with sea waybill totally.
总共33页
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