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Which Trader’s Entitled to Own the Right of Action Against the Carrier When B/L is Surrendered

Author: LiuYeDan
Tutor: GuoPing
School: Dalian Maritime University
Course: International Law
Keywords: Telex Release Right of Action Default Tort
CLC: D996.19
Type: Master's thesis
Year: 2009
Downloads: 139
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Abstract


This paper is divided into five chapters.The first chapter includes the introduction of the reasons lead to and the practical operation of "Telex Release",the definition of "Telex Release" and "surrendered B/L",the clarification of the relation between "Telex Release" and "release the goods without B/L",the analysis of functions and legal nature of "surrendered B/L",and the in-depth study on several elements possibly relative to the right of action,which confirms who’s the owner of the right of action against the carrier in international trade.The second chapter is the study on the owner of right of action on a C.I.E basis against the carrier when B/L is surrendered.The chapter is divided into three sections. The first section is to discuss the traders’ right to start a lawsuit against the carrier for default on a C.I.F.basis,which analyze the problem of how to identify the shipper between the traders on a C.I.F.basis who’s entitled to start a lawsuit against the carrier for default.The second section is to study the trader’s right to start a lawsuit against the carrier for tort on a C.I.F.basis,which includes the comparison and analysis of various countries’ rules to transfer the ownership,which draw a conclusion that "Principle of Delivery" is the world’s general trend;the analysis of the meaning of "delivery" of goods shipped;and after the analysis of all those mentioned above,the conclusion has been reached that,t when B/L is surrendered,the buyer in the contract on a C.I.E basis is the one who’s entitled to take a legal action against the carrier for tort.The last section is to generally state the buyer and seller’s right of action against the carrier respectively for both default and tort on a C.I.F.basis.The third chapter is the study on owner of the right of action of the trader on a F.O.B.basis against the carrier when B/L is surrendered.The chapter is divided into three sections.The first section is to discuss the trader’s right to start a lawsuit against the carrier for default on a F.O.B.basis.This section includes the analysis that,in a common F.O.B.contract and a special F.O.B.contract in which the seller is the one who books the ship,which trader should be identified as "shipper" so as to have the right to start a lawsuit against the carrier for default.The second section is the study on the trader’s right to start a lawsuit against the carrier for tort on a F.O.B.basis.The last section is the general analysis on the buyer and seller’s right of action against the carrier for both default and tort on a F.O.B.basis,in which contracts based on F.O.B.are classified into three kinds and the respective effect imposed on each kind by "Telex Release" is argued.The fourth chapter is concerned with the possibility to learn from the theory of "custody escrow" in order to look for some theoretical support for the trader’s right of action against the carrier when B/L is surrendered.The fifth chapter is about the prevention of the trader’s risks to own the rights of action.

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