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
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
It is well known that a bill of lading rnay serve three funtions , namely, an evidence of a contract of carriage, a receipt of goods, adocument of title. The last funtion is of great -tance which liesin its negotiabil...It is well known that a bill of lading rnay serve three funtions , namely, an evidence of a contract of carriage, a receipt of goods, adocument of title. The last funtion is of great -tance which liesin its negotiability.A bill of lading ou there fore be divided into a straight bill of lading,an order bill of lading and a bearer bill of lading. A straightbill of lading is different from an order bill of lading or a bearer bill of ladtw which is not negotiable in its nature. So their legal effect and extent in regard to document of title must be different.A cather who has issued a straight bill of lading normally discharges its duty by delivering the gdris to the named consignee.The consignee doesn’t need to preduce the bill of lading or even bein possession of it. Any one holding a srtaight bill of lading otherthan the named consignee has no title to the goods.展开更多
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It is well known that a bill of lading rnay serve three funtions , namely, an evidence of a contract of carriage, a receipt of goods, adocument of title. The last funtion is of great -tance which liesin its negotiability.A bill of lading ou there fore be divided into a straight bill of lading,an order bill of lading and a bearer bill of lading. A straightbill of lading is different from an order bill of lading or a bearer bill of ladtw which is not negotiable in its nature. So their legal effect and extent in regard to document of title must be different.A cather who has issued a straight bill of lading normally discharges its duty by delivering the gdris to the named consignee.The consignee doesn’t need to preduce the bill of lading or even bein possession of it. Any one holding a srtaight bill of lading otherthan the named consignee has no title to the goods.
