没有合适的资源?快使用搜索试试~ 我知道了~
On-the-release-of-goods-without-Presentation.docx
0 下载量 140 浏览量
2023-06-13
22:23:42
上传
评论
收藏 22KB DOCX 举报
温馨提示
试读
42页
On-the-release-of-goods-without-Presentation.docx
资源推荐
资源详情
资源评论
On the release of goods without
Presentation
On the release of goods without
Presentation of B/L in carriage of goods
by sea
——Taking into consideration the
introspection and query to the focus of
issue of releasing of goods without B/L
Summary Introduction
Bills of lading, the document invented
by European merchant, has become the
basis of international trade and
shipping by hundreds of years’ practice,
customs and improvements. These years,
the case of taking delivery without B/L
has been a large proportion in maritime
trials, becoming the focus of the issue
of B/L. It has been a long time people
argued its nature, legal responsibility
and the legal validity of the letter of
guarantee. Some people even say “taking
delivery without B/L nearly is one of the
‘aberrant’ ocean carriage acts
relating to the most problems in theory
and practice.” It will be necessary to
thrash over the problem for carrier, the
owner of goods, agent of shipping and
goods and the parties of trade, and it
will be beneficial to improve our credit
of foreign trade. This article will
regulate these issues systematically
and try to interpellate the viewpoint
about the character of this act and the
validity of the letter of guarantee.
Meanwhile it will recognize the legal
responsibility of the issue logically
from a new angular .At last it will give
some resolutions to solve the problem of
taking delivery without original B/L.
List of content
1. Legal basis of taking delivery with
original B/L:
(a). The legal character of B/L demands
of taking delivery with original B/L
(b). Taking delivery with original B/L
is an international usage
2. The judgment, causality, typical
model and demur of the act of releasing
of goods without B/L:
(a). The criterion for judgment of the
act of releasing of goods without B/L
(b). The causality and typical model of
releasing of goods without B/L
(c). The demur of releasing of goods
without B/L
3. The responsibility attribution and
exertion of legal capacity to sue of
releasing of goods without B/L—— the
criticism to the “doctrine of breach of
contract ”, “doctrine of tort ”,
“doctrine of concurrent”
(a). The doctrines of the responsibility
attribution of releasing of goods
without B/L and the evaluation of them
(b). The posteriori from the logically
subsequent of the responsibility
attribution of releasing of goods
without B/L
4. Letter of guarantee of releasing of
goods without B/L—— the
interpellation to recent theory and
practice
(a). The nature of letter of guarantee
(b). The validity of letter of guarantee
—— the interpellation to the criterion
of “good faith and malice”.
(c). The extending tendency of the
independence of letter of guarantee
——Demand Guarantees.
5. The resolution to the issue of
releasing of goods without B/L.
(a). The advice given to solve the issue
(b). The evaluation to the advice
mentioned[10] ...
above and the viewpoint about it
1. Legal basis of taking delivery with
original B/L:
(a). The legal character of B/L demands
of taking delivery with original B/L:
The 《Hamburg Rules》(1978) defined
B/L as: “ a document which evidences a
contract of carriage by sea and the
taking over or loading of the goods by
the carrier, and by which the carrier
undertakes to deliver the goods against
surrender of the documents. A provision
in the document that the goods are to be
delivered to the order of a named person,
or to order, or to bearer, constitutes
such an undertaking.”
On one hand, B/L is the receipt of goods
and the evidence of the contrast of
carriage. Once the relationship of
contrast of carriage has been
established between the carrier and
剩余41页未读,继续阅读
资源评论
智慧安全方案
- 粉丝: 3650
- 资源: 59万+
上传资源 快速赚钱
- 我的内容管理 展开
- 我的资源 快来上传第一个资源
- 我的收益 登录查看自己的收益
- 我的积分 登录查看自己的积分
- 我的C币 登录后查看C币余额
- 我的收藏
- 我的下载
- 下载帮助
安全验证
文档复制为VIP权益,开通VIP直接复制
信息提交成功