Tow to keep away of delivery of goods without original bill of lading

應夢婷

1 Introduction

Shipment release without bill of lading is that the carrier releases cargo with other documents With the exception of B/L. Shipment release without bill of three common forms： （1） by guarantee shipment release. This is the most common form of shipment release without bill of lading. The carrier who does not receive the original bill of lading， delivery of the goods on the basis of the guarantee provided by consigner.（2） unsecured release cargo. This form is often found in long-term business cases within the consignee and the carrier. If the consigner has yet to receive the original bill of lading after the goods reached to the port， and also hopes to delivery the goods as soon as possible， the carrier may release goods without bill of lading based on the long-term cooperation.（3） the carrier and the taker of goods malicious collusion. they fraud the real holder of the bill of lading or the consigner.

2 The risks of shipment release without bill of lading

2.1 character of shipment release without bill of lading

default of shipment release without bill of lading. Occurs bill of lading is the symbol of the transportation contract legal relationship between the carrier and the holder of the bill of lading. the two sides should exercise their duties in accordance with term of the bill of lading. The behaviors are in violation of obligations of the transportation contract. So it is obviously default properties to release cargo without bill of lading for carrier.（2） infringement of shipment release without bill of lading. So the bill of lading is On behalf of right to take delivery of goods.

2.2 the risks of shipment release without bill of lading

2.2.1 the carrier shall be strictly liable to shipment release without collection bill of lading. When the legal holder of the original bill of lading claims to the carrier about shipment release without bill of lading， the carrier shall bear the full responsibility and loss， as long as no liability for material shall be liable for damages， regardless of whether subjective offence.

2.2.2 the shipment release without bill of lading easily cause the risk of goods. After the goods have been shipped to the port of destination， the carrier has obligation to deliver the cargo to the original holder of the bill of lading. However， in actual business， the goods before shipping documents arrived. Due to the consigner without original bill of lading in hand， he cant timely delivery and face the loss of goods storage cost， risks of the quality change and market price fluctuations and a series of problems encountered. In the kind of situation， in order to reduce risks and losses of the buyer， the shipment release without bill of lading is resolved by means of guarantee delivery. But if the carrier delivers the cargo to the original bill of lading holder， he likely due to the wrong delivery constitutes. In the process of shipment release without bill of lading， consigner is likely to be falsely and also has the potential risk of the ship stolen goods. This is often not easy to find out.

3 Suggestion about avoiding the risks

3.1 On the strength of the electronic bill of lading release cargo

At present， most agree that the carrier shall bear the default liability to pay compensation. So the goods shipped to the United States is not also as a straight bill of lading. If the other party requires the use of original bill of lading carrier shall be indicated in the bill of lading. The bill of lading is the same as “maritime law” in China. The carrier must bear original B/L to release cargo with constraints. Except original bill of lading to take delivery， he may use electricity sent the bill of lading or electronic bill of lading. We can avoid shipment release without bill of lading.

3.2 to take measures in time

After any fraud， victims often feel helpless. In fact， it is entirely possible to save of all or part of the loss. The next step is to take concrete measures in a timely manner. When the carrier is involved in the fraud， it is difficult to identify it for the carrier. It is of great benefit to ensure case to won. If the amount has not yet passed the deceiver accounts， you may apply for bank of payment.

作者單位

嘉興職業技術學院