| Summary: | 碩士 === 國立高雄海洋科技大學 === 航運管理研究所 === 96 === In marine transportation, Letter of Indemnity is common document. As international trade develops, the three characters of ocean-going transportation: prescription, the negotiability of B/L, negotiating bank, therefore the demanding of all kinds of Letter of Indemnity arise. From the empirical research, it can be found Letter of Indemnity is used to applying commonly in the marine scope. However, the application of Letter of Indemnity is very complicated as well as there is no a clear and definite law to judge. When the dispute in the letter of indemnity happens, the validity of letter of indemnity would be difficult to identify, and which party concerned should be responsible for the damage? It would be an essential issue for the marine domain.
Several research methods were adapted in this study, which including: survey interviewing, inductive inference, deductive method and comparative, and analyzes the legal nature of letter of indemnity relating to marine transportation. After performing this study, the nature of Letter of Indemnity relating to marine transportation was found being indemnity, except Letter of Guarantee about the bank’s promise is guarantee. In addition, after analyzing the effect of Letter of Indemnity relating to marine transportation, the study sorted out some different kinds of document fraud in connection with bills of lading, including: back dating bills of lading, switching bills of lading. These were analyzed as illegal based on fake document and falsity, then the Letter of Indemnity would be judged on fraud or not.
Others relating to marine transportation should be valid, but the carrier can’t use it against the third party. In other countries, the validity of letter of indemnity is similar to Taiwanese'. Therefore, there are some differences about the validity of the letter of indemnity for not clausing the bill of lading or including any other reservation. The same concept exist both in China and Taiwan, neverthesless it still seems to be illegal in the UK and USA, because it is a breach of tort and public policy.
Finally, this research suggests the letter of indemnity in practice needs to contain the clause of the applicable law and jurisdiction as well as notes ‘assignment of contractual right’ in delivery order which will reduce some disputative cases.
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