On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(5)
(b). Taking delivery with original B/L is an international usage.
Taking delivery with original B/L has been a law system accepted and generally acknowledged nearly by every state. As an international trade usage, it has been generally observed in shipping practice. In 1983 the Ministry of Foreign Economic and Trade issued an instrument in the form of notice, permitting to take delivery of goods with copied B/L in addition to letter of guarantee. But in academic circles, people generally don’t regard it as legislative document of government, but a kind of normative document which has coordinative effect.[7] Taking delivery with original B/L still must be observed as an international usage.
2. The judgment, causality, typical model and demur to the act of releasing of goods without B/L.
(a). The criterion for judgment of the act of releasing of goods without B/L
Whether the carrier’s act of releasing of goods without B/L has completed or not, we should take into consideration whether the goods has been delivered in law, namely the act that the carrier shows taking delivery order to consignee. And the behavior of consignee in the process of taking delivery has no effect to the releasing of goods without B/L by carrier.
总共33页
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