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Delivery of Goods Without Original Bills of Lading

Author: ZhouXuDong
Tutor: YaoHongXiu
School: Shanghai Maritime University
Course: International Law
Keywords: Bill of lading Delivery of goods without Infringement Breach of contract Guarantees
CLC: D922.294
Type: Master's thesis
Year: 2003
Downloads: 210
Quote: 1
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Abstract


The bill of lading has played a pivotal role in international trade , especially in modern document trading system , its role has been far beyond the maritime transport sectors . However, with the new science and technology in the field of maritime navigation of the ship speed and improvement of terminal handling efficiency , especially in the short-range transport , the bill of lading circulation process can not adapt to this fast change . In the actual business practice to pick up a copy of the bill of lading plus guarantees modifications . This approach in practice to clear the goods, to increase efficiency indeed play a positive role , but also increase the risk of the carrier's responsibility . Whereas in recent years and the bill of lading (original ) the status of the delivery of goods increasing number of cases in our judicial practice , in the investigation of the combination of experts and scholars in the past that have been made about the delivery of goods without judicial practice on the basis of research , no single put goods involved in issues such as the definition of the delivery of goods without delivery of goods without legal nature , the effectiveness of the delivery of goods without guarantees , the carrier in the delivery of goods without defense , non- delivery of goods cases of some legal issues in a more comprehensive analysis and discussion . , And vesting single Fanghuo behavior , responsibility positioning , further discussion of the theoretical and practical application of damage compensation , the limitation of actions , and shipping guarantee . The author based on their own personal experience and the experience to take the kind of effective measures to avoid the delivery of goods without operational risks or the risk to a minimum , the carrier has made ??some suggestions .

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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