In light of the definition on bill of lading adopted by the Hamburg Rules and the Maritime Code of the People’s Repub1ic of China, this paper discusses what is meant in law by "bill of lading as document of titl...In light of the definition on bill of lading adopted by the Hamburg Rules and the Maritime Code of the People’s Repub1ic of China, this paper discusses what is meant in law by "bill of lading as document of title". It is concluded that the holding of a bill of ladingdoes not necessarily mean that the holder of a bill of lading is thelawful owner of the goods stated therein or has a jus in rem of thegoods stated therein.展开更多
This paper lists the major theories in this subject now prevailing in China with comments on each of them at a later stage, expounds the meaning of the right of goods and the document thereofon the basis of the civil ...This paper lists the major theories in this subject now prevailing in China with comments on each of them at a later stage, expounds the meaning of the right of goods and the document thereofon the basis of the civil law, explores the real meaning of the termof "document of title" under common law with the c0nclusion that itcorresponds to the document of ownership of goods under Chinesecivil law. It then concludes that a negotiable bill of lading is a conditional document of 0wnership of the goods mentioned therein withdetailed analysis of the reasons of this function. The paper also illustrates the aspects that this function affects mainly in the matters ofinternational trade law and recognizes that this function of bill oflading is no more imp0rtant than it was.展开更多
First, this paper puts forward that three conditions must be met by someone who is to be identified the actual carrier accord-.ing to the definition of the actual carrier provided in Maritime Code of P. R. C.. Then, t...First, this paper puts forward that three conditions must be met by someone who is to be identified the actual carrier accord-.ing to the definition of the actual carrier provided in Maritime Code of P. R. C.. Then, the paper gives a detailed analysis on the identification of the actual carrier in the case of liner ship-plng, voyage C/P, time C/P, bareboat C/P and NVOCC, etc.The paper also discusses what should be noted while determining the liability of the actual carrier. Thls paper might be of refer-ence value to the shipping and judicial practice in our country.展开更多
The paper discusses some key issues concerning the nature of rights evidenced by marlne B/L and probes into the origins of the B/L as credit document, B/L as property document or B/L as document of title theoretically...The paper discusses some key issues concerning the nature of rights evidenced by marlne B/L and probes into the origins of the B/L as credit document, B/L as property document or B/L as document of title theoretically and positively- ln the mean-time, the paper puts forth its own new thinking and opintions.展开更多
The definition of "Shipper" under the Chinese Maritime Codehas proved by judicial practice to be uncertain in respect of its interpretation. This article tries to comment on such issues as the importance to ...The definition of "Shipper" under the Chinese Maritime Codehas proved by judicial practice to be uncertain in respect of its interpretation. This article tries to comment on such issues as the importance to identify the "Shipper" under the Code and the person to be the "Shipper" withln the meaning of Secti0n (a) and (b) of Paragraph 3 of Article 42 from the authors’ theoretical and practical viewpoints.A seller under ClF terms is sure to be the "Shipper" under the Code; however, a seller under FOB terms can be deemed as the "Shipper" only if his name is shown in the column of "Shipper" in a bill of lading. This is the authors’ opinion for the interpretation of the definition of "Shipper" under the Chinese Maritime Code.展开更多
With particular emphasis on the nature of the bill, this paper analyses the nature of B/L law concerning certified securities,securities of ownership, incomplete negotiable securities, incomplete circulating securitie...With particular emphasis on the nature of the bill, this paper analyses the nature of B/L law concerning certified securities,securities of ownership, incomplete negotiable securities, incomplete circulating securities,non-strictly required securities, bond of the meaning of written article, causative bond, presentation bond and bond that needs to return展开更多
Taking delivery of gdris without preducing the B/L is a common problem in the shipping business. The author of this article explains this problem by analysing related maritime cases and draws some legal conclusions re...Taking delivery of gdris without preducing the B/L is a common problem in the shipping business. The author of this article explains this problem by analysing related maritime cases and draws some legal conclusions relating to this problem. The article also touches on the letter of guarantee needed in solving this problem.展开更多
文摘In light of the definition on bill of lading adopted by the Hamburg Rules and the Maritime Code of the People’s Repub1ic of China, this paper discusses what is meant in law by "bill of lading as document of title". It is concluded that the holding of a bill of ladingdoes not necessarily mean that the holder of a bill of lading is thelawful owner of the goods stated therein or has a jus in rem of thegoods stated therein.
文摘This paper lists the major theories in this subject now prevailing in China with comments on each of them at a later stage, expounds the meaning of the right of goods and the document thereofon the basis of the civil law, explores the real meaning of the termof "document of title" under common law with the c0nclusion that itcorresponds to the document of ownership of goods under Chinesecivil law. It then concludes that a negotiable bill of lading is a conditional document of 0wnership of the goods mentioned therein withdetailed analysis of the reasons of this function. The paper also illustrates the aspects that this function affects mainly in the matters ofinternational trade law and recognizes that this function of bill oflading is no more imp0rtant than it was.
文摘First, this paper puts forward that three conditions must be met by someone who is to be identified the actual carrier accord-.ing to the definition of the actual carrier provided in Maritime Code of P. R. C.. Then, the paper gives a detailed analysis on the identification of the actual carrier in the case of liner ship-plng, voyage C/P, time C/P, bareboat C/P and NVOCC, etc.The paper also discusses what should be noted while determining the liability of the actual carrier. Thls paper might be of refer-ence value to the shipping and judicial practice in our country.
文摘The paper discusses some key issues concerning the nature of rights evidenced by marlne B/L and probes into the origins of the B/L as credit document, B/L as property document or B/L as document of title theoretically and positively- ln the mean-time, the paper puts forth its own new thinking and opintions.
文摘The definition of "Shipper" under the Chinese Maritime Codehas proved by judicial practice to be uncertain in respect of its interpretation. This article tries to comment on such issues as the importance to identify the "Shipper" under the Code and the person to be the "Shipper" withln the meaning of Secti0n (a) and (b) of Paragraph 3 of Article 42 from the authors’ theoretical and practical viewpoints.A seller under ClF terms is sure to be the "Shipper" under the Code; however, a seller under FOB terms can be deemed as the "Shipper" only if his name is shown in the column of "Shipper" in a bill of lading. This is the authors’ opinion for the interpretation of the definition of "Shipper" under the Chinese Maritime Code.
文摘With particular emphasis on the nature of the bill, this paper analyses the nature of B/L law concerning certified securities,securities of ownership, incomplete negotiable securities, incomplete circulating securities,non-strictly required securities, bond of the meaning of written article, causative bond, presentation bond and bond that needs to return
文摘Taking delivery of gdris without preducing the B/L is a common problem in the shipping business. The author of this article explains this problem by analysing related maritime cases and draws some legal conclusions relating to this problem. The article also touches on the letter of guarantee needed in solving this problem.
