| Summary: | 碩士 === 國立臺灣海洋大學 === 航運管理學系 === 92 === A bill of lading (B/L) is a document of title. There should be a presentation of the B/L against the delivery of goods. Even the actual buyer is not entitled to the delivery without surrendering the B/L. However, cargo claim disputes rise out of number because the carriers do release cargo without collecting the B/L. These disputes often result in lawsuits in court. This thesis starts with a discussion from legal point of view of the definition and issuing process of the B/L. It follows the B/L’s legal nature and the rights and obligations therein. Coming up is the application of the presentation of B/L in maritime practices. The related Supreme Court judgments from 1981 through 2003 are listed to explore the Court's holdings upon the carrier's excuses of cargo release without collecting the B/L and possible resulted liabilities thereof. This thesis finds that courts and scholars constantly hold the carrier should nevertheless collect the B/L against the delivery. Only few cases carriers won, in which the shipper sustained no losses, the matter of fact remained unclear and demanded further proof or the carrier was obligated to release cargo according to local regulations. Strictly speaking, these few cases have nothing to do with the requirement of presenting B/L. Next is a comparison between the ROC Supreme Court judgments and the PRC counterpart, demonstrating the two courts’ different characterization of the disputed release as a breach of contract or an act of tort. This thesis concludes with several suggested adaptations upon the carrier’s practices according to respective cargo claims, as a reference for those who shall handle these issues.
Key words: bill of lading, delivery order, letter of guarantee, telex release, cargo release without bill of lading
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