| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 92 === Abstract
Bills of lading provide the functions of receipts, evidence of contract and document of title. They are important instruments either in international trade and shipping practices. It is the carrier’s obligation to require the surrender or original bills of lading whilst releasing cargo to the holder of bills of lading.
This thesis discuss the nature and the function of bill of lading in order to explore the carrier’s obligation in the production of original bills of lading upon releasing cargo to the consignee, as well as those liabilities arising from the failure of fulfilling such an obligation. It refers to different situation in shipping practices, including releasing cargo against a bank guarantee and against the surrender one set of original bill of lading at loading at loading port. It also discusses relevant issues when the shipper declares the loss of original bills of lading and requests the carrier to issue another set of original bills of lading.
This thesis also deals with various viewpoints existed in English judgments and mainland China’s cases. It tries to find out useful solutions for the reference of carriers and shipping practices. In its conclusion, this thesis discusses the draft transport law convention submitted by UNCITRAL, and whether or not such a draft convention can provide a complete solution to present shipping practices.
Key words: Bills of lading, Maritime law, Delivery of cargo, Production of original bill of lading.
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