Carrier's Liability for Releasing Cargo without Production of Consigned Bills of Lading

• Main Authors: Cheng-Fu Chang, 張正富
• Other Authors: Cheng-Chi Chung
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/26913656194504425253

碩士 === 國立臺灣海洋大學 === 航運管理學系 === 99 === The topic in cargo release without producing original bills of lading, particularly in consigned bills of lading, has disputations for decades. There are many trial raised between carriers and related obliges. Under general judgment conditions, carrier is responsible often more strictly applied; furthermore, there are discrepancies between international regulations according to different law application of jurisdiction. But the causal factors for carrier to release cargo without producing original bills of lading are normally obliged, under any circumstances how does carrier protect their own right, still lack of supporting from any law or regulations. 1.According to Taiwan Marine Law clause 68 deem to Civil Law clause 628, direct Bill of Lading, even though with the exemption of non-endorsement mentioned, can still be transferred to other party. Under the record of judgment from Taiwan supreme Court dated 1998 NO. 2670 : Non-endorsement direct Bill of Lading, can not be endorsed but does not affect normal debt transfer method and its act. 2.Releasing cargo with producing original Bill of Lading, unless accepted party can provide guarantee letter, or/with a Letter of Guarantee provided by well reputational bank, or/with equivalent to cargo value guarantor, or else will be deemed as carrier’s own risk for cargo releasing. 3.In 2009, after The Rotterdam Rules introduced to the world, For the circumstances can not producing original Bill of Lading, and can not identify themselves as consignee, or consignee reluctant to receive cargo, carrier can release cargo in co ordinance to the instructions from shipping order or received from shipper’s. If none instruction were written or received from shipping order or shipper, carrier can deem as non-deliverable cargo and make cargo arrangement or put on auction in co ordinance with The Rotterdam Rules. Key words: Shippers, Carriers, Consignee, Consigned Bills of Lading,The Rotterdam Rules