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The Analysis of "Unknown Clause" in Container B/l

Author: LiuDingKai
Tutor: WeiHong
School: East China University of Political Science
Course: Legal
Keywords: Container Bill of Lading Unknown Clause Abuse Counter Measure
CLC: D996.19
Type: Master's thesis
Year: 2011
Downloads: 54
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Abstract


"Unknown clause" is an escape clause widely used in the Container Bill of Lading(B/L),When the container Carrier do not know or can not verify if the goods loaded in the container is the same as the list supplied by the consignor and recorded in the Bill of Lading(B/L) in receiving the goods in full container load(FCL),It’s often expressed in the following forms:"said to contain" "SLAC-Shipper’s load and account" "Shipper’s load、account and seal" "full container load(FCL) shipment",or sometimes directly expressed as standard clauses printed on the back of the Bill of Lading(B/L),It has a great effect on the right and obligation of all the parties,but it hasn’t got as much attention as it should either in theory or in practice,so it’s necessary for us to do more research on the subject,and find out the method to protect their legitimate rights and interests when the parties deal with a Bill of Lading(B/L) with "Unknown clause".The article is divided into six parts:The preface focuses on introducing the topic which will be discussed in the article and the works on the areas.The first chapter of the article makes clear the outline of the "Unknown clause".first,we analyze the realty and legal basic of the creation of the "Unknown clauses" in the Container Bill of Lading,and the expression of it,through the analysis,we find out that the creation of the "Unknown clauses"has the realistic soil and legal basis,then analyze the legal validity of the clauses with regard to the attitudes of several countries,and get the result that most countries give the clauses conditional recognition.The second chapter of the article starting from the division of powers and obligations of the parties in container transport.On the one hand this clause doesn’t affect the function of the Bill of Lading(B/L) as a clean one to negotiate,but it affects the validity of the container Bill of Lading(B/L) as proof of receipt of goods,on the other hand,the clause has great effect on the duty allocation of the parties,Allocation of the burden of proof and the package limitation.The third chapter of the article make a summary of the abuse of the "Unknown clauses" in the practice of container transport.where in case the carrier is in charge of the packing in the less than container load (LCL)transportation or the carrier is in supervision of the packing,he still note on the Bill of Lading,it’s an abuse of the clause.The Abuse of the clause is also existed in the proceedings.At the same time,we think that when the goods is packed with the supervision of the Authoritative inspection organization and have the inspection report,the carrier is also authorized to write "Unknown clause "on the Bill of Lading(B/L) in the right moment.The forth chapter of the article gives advise to the parties to protect their legitimate interest in face of the Bill of Lading(B/L) with "Unknown clauses".The last part of the article make a brief summary of the whole article and give some advise to the legislation of our country.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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