On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(31)
If electronic B/L is adopted, the owner of goods can control through
the code issued by the carrier. The circumstances of releasing of goods without B/L cannot appear generally. But in the recent stage, this proposal is not appropriate to bring into effect because of many technical elements and incapacity of the parties.
As for the suggestion of the Ministry of Foreign Economic and Trade, adoption of the trade terms of CIF or CFR is really more beneficial to prevent releasing of goods without B/L than FOB. Just as Mr. Yang Liangyi said: “If the term FOB is adopted, the consignee controls the shipping and takes charge of the ship chartering. He can insist that one provision should be put down in the charter party, stipulating that the shipowner must release of goods without B/L at the discharging port or the damage of waiting for the B/L to discharge doesn’t constitute the demurrage.” In case, original B/L can not be made available at the discharging port, then vessled to release the cargo against Charter’s letter of indemnity in accordance to Owner’s P&I Club wording”.[45] But, meanwhile, we should recognize that most of the fraudulences of B/L come from the buyer in contract CIP or CIF. If many contracts of CIP or CFR are to be adopted, the quantity of our export trade will be influenced.
总共33页
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