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Delivery of Goods Without the Carrier on the Sea of Liability

Author: XinYaZuo
Tutor: XuMin
School: Hainan University
Course: Civil and Commercial Law
Keywords: Delivery of goods without Carrier Straight bill of lading Negotiable transport document
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 115
Quote: 0
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Abstract


The vouchers Fanghuo is the core of the bill of lading system, as long as the bill of lading does not exit the stage of history, vouchers for delivery of goods must adhere to the principle of the carriage of goods by sea. Regulation of carrier vouchers Fanghuo obligations derived from the law, manifested in two aspects, on the one hand, the carrier's delivery obligation under the contract of carriage, on the other hand is based on the goods receipt of the bill of lading and the properties of a document of title. Delivery of goods without behavior is illegal, but there are a lot in shipping practice, insisting the carrier is not fair to assume legal responsibility for the delivery of goods without carrier exemption in certain circumstances. Departure from the essential attribute of the bill of lading, whether the document of title to property is the main difference between negotiable transport documents and non-negotiable transport document, both carrier delivery of goods without exclusion of liability situation is different. Non-negotiable transport document reality straight bill of lading, the unique characteristic of its non-negotiable straight bill of lading, the carrier issued bearer bill has consignee determined, and can not be changed, so it is not a document of title The carrier can to confirm the identity of the consignee for delivery of goods rather than their straight bill of lading for delivery of goods. Straight bill of lading, the carrier into may be exempted from the delivery of goods without liability, and can improve the delivery of the goods straight bill of lading, cargo control over problem. Negotiable transport document due for sale, do not know the circulation status of the bill of lading issued by the carrier bill of lading, to deliver the goods when the carrier is only through bill of lading to determine the identity of the consignee, and therefore must be given a negotiable transport document objects the effectiveness of the right credentials. The bill of lading document of title to the effectiveness of performance: negotiable bill of lading that means mentioning the transfer of goods under a single. Nature is defined as the delivery of goods without cargo transportation stage statutory debt, most in line with the role and function of the bill of lading, the carrier is no single delivery of goods Exclusion of liability under the negotiable transport document, is also based on the bill of lading properties and transport The provisions of the contract. \exempt under certain conditions, the carrier's delivery of goods without liability. Regardless of the \

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