Theories and Cases on the Delivery of Cargoes without Production of Original Bill of Lading
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The phenomenon of delivery without B/L is relatively common in the practice of marine shipping and it is also the main cause of lawsuit among the marine cases of China, with the numbers of this kind of cases keeping growing. Generally speaking, the causes of the delivery without B/L can be divided into two types: objective and subjective. Regarding the nature of delivery without producing the B/L, there exist different theories not only in maritime law academic field but also in the judicial practice and judgments. The following ways are suggested to prevent risks in shipping practice; firstly to use sea waybill, secondly to use electronic bill of lading, thirdly to manage shipping agent, fourthly to keep an original B/L on the vessel. The purpose of this paper is to contribute to the prevention of disputes regarding delivering the goods without original bill of lading by studying the theories and cases on the delivery of cargoes without production of original bill of lading.
Abstract
The phenomenon of delivery without B/L is relatively common in the practice of marine shipping and it is also the main cause of lawsuit among the marine cases of China, with the numbers of this kind of cases keeping growing. Generally speaking, the causes of the delivery without B/L can be divided into two types: objective and subjective. Regarding the nature of delivery without producing the B/L, there exist different theories not only in maritime law academic field but also in the judicial practice and judgments. The following ways are suggested to prevent risks in shipping practice; firstly to use sea waybill, secondly to use electronic bill of lading, thirdly to manage shipping agent, fourthly to keep an original B/L on the vessel. The purpose of this paper is to contribute to the prevention of disputes regarding delivering the goods without original bill of lading by studying the theories and cases on the delivery of cargoes without production of original bill of lading.
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