Dissertation > Excellent graduate degree dissertation topics show

About the Bill of Lading’s Property of Real Right

Author: ZhaoZuo
Tutor: ZhaoWei
School: China University of Political Science
Course: Legal
Keywords: Bill of lading document of title possession
CLC: D996.19
Type: Master's thesis
Year: 2009
Downloads: 199
Quote: 0
Read: Download Dissertation

Abstract


Bill of lading is the most important document in international trade. In the recent years, as the development of international trade, B/L plays a more and more important role and disputes involving B/L become more and more. The quality of B/L has not been regulated no matter in relate international treaties, international conventions or laws in our own country, and thus the quality of B/L is vague and lack in the legal field. Opinions vary among scholars in the legal field about whether B/L is a document of title. It is reckoned in this paper that to admit B/L is a document of title has important significance in the long-term development in international trade.As a document of title, its function of real right character runs through many procedures in international trade, including using B/L to replace the delivery of goods in the procedure of dealing, the carrier discharging goods against B/L after goods arriving destination, implementing assignment of goods using the delivery of B/L, using B/L as the mortgage in the payment to bank of the purchaser and so on. The real right character of B/L is the most fundamental and core value in international trade. Thus, it is beneficial to clear the definition of B/L, to cognize ownership of goods in international trade and assist trials in maritime disputes to admit the real right character of B/L in relate international treaties and laws in our country and to regulate real right category represented by B/L.This paper firstly discusses the definition and category of B/L, then addresses functions and embodiments of B/L as document of title in using B/L to replace the delivery of goods in the procedure of dealing, the carrier discharging goods against B/L after goods arriving destination, implementing assignment of goods using the delivery of B/L, using B/L as the mortgage in the payment to bank of the purchaser. This paper, by combining relates Chinese laws such as property law, discusses that the real right B/L represented is the possession of goods. In the end, this paper discusses disputes of delivering goods without B/L on the basis of real right character and gives some legal advice.

Related Dissertations

  1. Liang Li case studies,D924.3
  2. On the relationship between civil and criminal possession of Perspective,D924
  3. Criminal Substantive Interpretation about Illegal Possession,D924.3
  4. Delivery of Goods Without the Carrier on the Sea of Liability,D922.294
  5. Arbitration Clause efficacy study,D997.4
  6. Research on the Bill of Lading Risk Management,F740.4
  7. Study on Conflict Law of Electronic Bills of Lading,F740.4
  8. On the carrier's bill of lading Disclaimer,D996.19
  9. Research on Marine Letter of Guarantee from Legal Perspective,D996.1
  10. Study on Legal Issues of Bill of Lading Transfernce,D922.294
  11. In numerous economic changes carefully identified Thinking contract fraud,D924.3
  12. Legal Research on Electronic Bill of Lading Circulation Mechanism,F740.4
  13. Research on the Legal Issues of Delivery of Goods without Original Bill of Lading,D996.19
  14. The Research on Property Passing of Goods in International Sale,D997.1
  15. The Legal Issue of Delivery of Goods Without the Bill of Lading in Maritime Transport,D996.19
  16. Criminal Presumption,D925.2
  17. Modeling and Research of Call Center Scheduling Optimization,F830.49
  18. Binding contract of carriage of goods by sea marine cargo control talk,D996.19
  19. Explore the legal property of the bill of lading contract,D996.1
  20. Legal Study on Straight Bill of Lading,D922.294
  21. Research on Legal Problems of Delivery of Cargo Without Presentation of the Original Bills of Lading in International Ocean Shipping,D922.294

CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
© 2012 www.DissertationTopic.Net  Mobile