On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(8)
V. The holder of B/L knows deliberately the carrier’s act of releasing of goods without B/L. But still provides assistance to take delivery or provides some other convenience or has come to a payment agreement with the buyer. This is just the equitable theory —— estoppel.
Meanwhile, the academic and practical circles have presented some other demurring reasons recently. But it’s worthy of inquiring into whether all the advocations could be tenable.
I. The carrier releases of goods in accordance with the directive of the director named in the B/L: In some people’s opinion, the carrier has performed the liability of delivering goods properly in accordance with law, so he should not be subject to the responsibility of releasing of goods without B/L.[10] But actually it’s based on a premise that the indicator is the lawful holder of the B/L when directing. Even so, the carrier should be subject to the responsibility to the bona fide holder of original B/L.
II. Releasing of goods without B/L under the circumstance of straight B/L: one view is that, the nature of straight B/L as “title of document” has altered. The person subject to the consignee will not take delivery without original B/L, while the consignee named in the B/L can do it without B/L.[11] The same reason as above if the bearer B/L and order B/L has been named by endorsement and has been promised not to be assigned any more, the consignee can also take delivery without original B/L.
总共33页
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