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Daoqiantidan the legal nature and Legal Responsibility

Author: FengZhuMiao
Tutor: YinAiZuo
School: Suzhou University
Course: International Law
Keywords: Daoqiantidan Legal nature Liability Concurrence
CLC: D996.19
Type: Master's thesis
Year: 2009
Downloads: 339
Quote: 4
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Abstract


Anti-dated b/l is a common maritime fraud in the shipping trade, this article begins by comparing with similar pre bl to clarify its connotation features. For the reason of anti-dated b/l, in this paper, from two aspects namely, the shipper and the carrier point of view to analysis. Anti-dated b/l is being as the cancer in the international trade, it not only caused a great economic loss to international traders, also harm the country, the region's financial management order and management system, seriously interfere with the normal order of international trade. How the legal nature of anti-dated b/l, what kind of legal responsibility, law theory and judicial practice is the focus of the debate. This paper introduces the legal nature of the academic circles about the anti-dated b/l of six kinds of view, then from the perspective of liability concurrence to deeply analyze the anti-dated b/l of legal nature, legal liability, then from the view of the practical significance of research to discuss the litigation of the parties to choose, the parties to the injured party is dedicated to provide you with more favourable relief way in order to maintain its biggest rights and interests. Finally, through a typical case to anti-dated b/l disputes to re-examine some confusion and debate in the trial practice, in order to benefit the judicial practice in the future.

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