Knowledge summary of bill of lading(TWO)
3. The liquidity of the bill of lading bill of lading as a document of title as long as have a certain conditions can be transferred, the transfer in one of two ways: and endorsement to order, endorsed in blank.But liquidity is less than the bill of lading draft liquidity.Its main show is, the bill of lading of the transferee is not like bona - fide holders of draft drawn under the right hand is better than the former endorser.In particular, if a person a negotiable bill of lading has been obtained by fraud, and put it by endorsement to a bona fide, the price paid by the transferee, then the assignee does not take ownership of the goods, so can't will counter all of the real.On the contrary, if it happened in the process of circulation of draft, the draft of the bona fide assignee's rights will be guaranteed, he still has the right to enjoy all rights on the bill.Given this difference, some method of scholars believe that the bill of lading with only "Quasi alienable" Quasi - negotiable.
4. Bill of lading issued by the people shall have the right to issue the bill of lading is the carrier and its agent, the captain and his agent, the ship owners and agents.Agent sign must indicate its identity and agent is the agent's name and identity.Sign the bill of lading of the notes are the mate's receipt, the date of issuance of the bill of lading should be the goods be chief issue receipts after shipment date.Bill of lading is the original and duplicate.Original bill of lading is generally issued in two or three copies, one thousand lost in the process of this is to prevent the circulation of the bill of lading, the original can be applied to another.Have the same effect as the original, but after one pick up the goods, the rest of the part to stand void.A copy of the bill of lading carrier is not signed, number according to the shipper and the ship's actual needs.A copy of the bill of lading will only be used for daily business, does not have legal effect.
5. International convention as a result of the bill of lading on the bill of lading stakeholders often belong to different nationalities, the bill of lading or issue at the port of shipment and the port of destination and points in different countries, and the bill of lading is by ship company, according to national relevant laws on its own formulate the format, content and expressions is not completely the same, in the event of dispute or litigation involved, will have the legal effect of the bill of lading and the applicable laws and regulations, therefore, a unified national laws and regulations about the bill of lading, has been the national goal., currently in effect in the United Nations plays an important role in relevant regulations of the Bill of Lading or International Convention on the International transport of goods has three: the Hague Rules Hague Rules is the full name of the Hague Rules International Convention for the Unification of Certain Rules of Law of b/l International Convention for the Unification of Certain Rules of Law Relating to Bill of Lading, on August 25, 1924, from 26 countries signed in Brussels, June 2, 1931.Is 1921 in the Hague convention draft through, so named for the Hague rules.More than 50 countries including Europe and the United States, many countries have successively joined the treaty.In 1936, the United States government to this convention as the basis of domestic legislation made the United States carriage of goods by sea act (1936).Hague rules to make the law of the carriage of goods by sea about the bill of lading to unification, in promotes the development of shipping business, promote the development of international trade has played a positive role, is the most important international conventions and is still widely used, in our country in 1981 admitted to the convention.The characteristics of the Hague rules is more protected the interests of the carrier, is very uneven in risk sharing, thus caused as the primary owner's dissatisfaction with the countries of the third world countries were asked to amend the Hague rules, the establishment of a new shipping order.Visby Rules Visby Rules in third world countries, under the strong demand of modifying the opinions of the Hague Rules for the Nordic countries and shipping developed countries such as Britain, but they think they can't rush, lest cause confusion, advocating compromise all options, only to the Hague Rules obviously unreasonable or ambiguous terms in partial revision and supplement, Visby Rules are produced on the basis of this.So wise than Rules - wes than Hague Rules - also known as the Hague Visby Rules, it is the full name of revision on the Unification of Certain Rules of Law of b/l of the International Convention negotiate book "Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bill of Lading, or referred to as" 1968 Brussels meeting order books, "the 1968 Brussels Protocol, on February 23, 1968 in Brussels, in June 1977.There are Britain, France, Denmark, Norway, Singapore, Sweden, and other more than 20 countries and regions took part in the convention.Hamburg Rules, Hamburg Rules Hamburg Rules is the 1978 United Nations Convention on the Carriage of Goods by Sea by United Nations Convention of the Carriage of Goods by Sea, 1978197 six years drawn up by the UN committee on trade law, hosted by the UN in Hamburg in 1978 authorized representatives of the 71 countries took part in the meeting examined and approved.Hamburg rules can be said to be in the third world countries struggle again and again, after delegates consultations, and through after a compromise in some way.Hamburg rules fully changed the Hague rules, its content in a large extent adds to the carrier's liability, protection of the interests of the goods, represents the third world developing countries will, the convention has come into force in 1992.But because of the signatories for Egypt, Nigeria, etc the main shipping freight, so the Hamburg rules is not very big influence on international maritime industry.