On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(7)
III. The carrier colludes with the person who takes delivery without B/L to fraud the holder of original B/L.
(c). The demur of releasing of goods without B/L
In reality, the situation relating to the releasing of goods without B/L is very complicated. Sometimes, there’s the fact of releasing of goods without B/L, however, some specific affairs can demur its irregularity. These years, the shipowners presented many reasons to demur the liability in lawsuits. There’re different opinions between the theoretical and practical circles. Now, I will analyze several typical reasons.
I. The holder of B/L brings a lawsuit surpassing the prescription. Once there were intense controversies about the prescription of releasing of goods without B/L. Now, the unanimous opinion about it is one year.
II. The law of the place for delivery or the customary practice demands of delivery goods even if without original B/L.[8]
III. Once the consignee doesn’t receive B/L because of its missing, being stealed, extinction or any finance reasons, if he could prove that he is just the assignee of B/L, and could give a satisfactory explanation about the direction in which original B/L has gone, the carrier has right to deliver goods to him. But it is necessary to take delivery with guarantee after the summon exhortation by publication.[9]
总共33页
[1] [2] [3] [4] [5] [6] 7
[8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] 上一页 下一页