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A Discussion for the Creditor’s Rights of the Bill of Lading

Author: LiuXiChi
Tutor: LiuNingYuan
School: East China University of Political Science
Course: Legal
Keywords: bill of lading The right of control of cargo creditor’s rights of the Bill of lading
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 25
Quote: 0
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Abstract


The of control of cargo, refers to goods in transit, the shipper or the holder of bill of right lading enjoys the right, according to the law, to make the decisions of how to handle the cargo when such operations, handles, delivery of the cargo occurs, the carrier should implement those decisions , including the right to require the carrier to suspend the carriage, returned goods, change the destination as well as the consignee, and other related rights. "When the carrier obtained“the right of control of cargo”according to the contract of carriage of goods under the Bill of Lading , actually it is not a "power", or even a "right" to control those cargo. In fact, it’s a burden of obligation for the carrier based on the original contract of carriage of goods which means that the carrier has to take care of the goods. This obligation arises from the contract of carriage for the shipper and the carrier to achieve the purpose of deliver cargo, and it’s also in compliance with rights and obligations of the parties under the contract of carriage. in fact, the right of the contract of carriage means a kind of obligation which is to say The carrier should take care of the goods as well as the management of goods in the form of agent of the shipper, as the "consideration ", the shipper should pay the carriage, which is to say that essence of contract is the carrier should undertake the right of control of cargo. The so-called debt of bill of lading means that the assignee of the bill of lading obtains the real right of the cargo as well as the right of control of cargo, because of which the assignee turns out to be the one for whom the carrier performs the obligation under the contract.

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