摘要
Antidated B/L not only bears the feature of breach of contract, but also is accords with the requirement of tort. Therefore, it constitutes the combination of the above mentioned two responsibillties. A reasonable way to deal with it is to permit the aggrieved victim (creditor) to be claimed. The court should determine the jurisdiction and apply with law according to his concrete choice.
Antidated B/L not only bears the feature of breach of contract, but also is accords with the requirement of tort. Therefore, it constitutes the combination of the above mentioned two responsibillties. A reasonable way to deal with it is to permit the aggrieved victim (creditor) to be claimed. The court should determine the jurisdiction and apply with law according to his concrete choice.
出处
《中国海商法年刊》
1994年第1期36-47,共12页
Annual of China Maritime Law