On the release of goods without Presentation of B/L in carriage of goods by sea/董刚(9)
The other view is that, there is no mandatory provision in the 《Maritime Law of PRC》 that the carrier must deliver goods to the holder of straight original B/L, so he shouldn’t undertake the responsibility for releasing of goods without named B/L.[12]
Actually, all the views above are partial. In my view, although the
straight B/L can not be assigned, it is still the title of document and basis of releasing of goods. Merely, it is effective to the person named in B/L. Moreover, in according to provision 78 of 《Maritime Law of PRC》 “The relationship between the carrier, consignee and the holder of B/L with respect to their rights and obligations shall be defined by the clause of B/L”. So only if the consignee dominated in straight B/L is the lawful holder of B/L, the contract of carriage by sea between the carrier and consignee could be tenable. In addition, from the judgment of “LaiWu Aidi biochemistry Limited company V HaiCheng BangDa international agent of ship and goods Ltd company”[13], we can draw the conclusion that if the consignee of named B/L has not pay the issuing bank to redeem of documents, the carrier’s act of releasing of goods without B/L will jeopardize the interest of the shipper. Therefore, the view above that the named B/L could be the defense against the responsibility of releasing of goods without B/L is not tenable.
总共33页
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