On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(6)
(b). The causality and typical model of releasing of goods without B/L
I. The carrier delivers goods to the third party subject to the consignee named in B/L in addition to letter of guarantee when the goods arrive at the port of destination.
II. Because of the development of recent navigation seamanship, fast shipping but short voyage, in addition to the documents’ slow negotiation, the carrier releases of goods to the consignee without original B/L in order to cut down expenses of port and set about a new voyage. While the consignee may have no original B/L because of follow reasons:
a. In condition of L/C, because of the discrepancy in the documents, the bank refuses to pay. And the documents have not been returned to the seller, the seller doesn’t exercise the right of stoppage in transit.
b. The consignee is incapacity of redemption of documents by paying the bank.
c. The usage of taking delivery without original B/L has formed between carrier and consignee because of long-term business transactions.
总共33页
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