A Study on the Liability of the Carrier and the Actual Carrier for Delivery of Goods Without a Bill of Lading in China
Dalian Maritime University, School of Law, Maritime Law Department
July 7, 2008
Journal of Maritime Law and Commerce, Vol. 39, No. 2, 2008
The extent to which a marine carrier is liable for delivery of goods without a bill of lading is not clear in the maritime law of China, although it is frequently litigated. In the Shanghai Maritime Court, for example, of the cases heard in 2000, ninety percent concerned delivery without a bill of lading. From January to September in 2001, there were forty-six such cases. At the Chinese Lawyers Conference on Maritime Law in Darian that year, the main topic was the delivery of goods without a bill of lading. The Supreme People's Court of the P.R.C. has always wanted to issue an official judicial explanation on the subject, but to date there is only the Summary of the Second National Foreign-related Commercial and Maritime Trials Meeting 2005, which, although it called for the courts to apply it, has no legal effect at all. In the absence of guidance from an authoritative source, the author of this paper offers some guidance of her own.
Keywords: maritime, admiralty, lading, liability, carrier, shipper, China, misdelivery, delivery, shipment, cargo
JEL Classification: K11, K12, L92
Date posted: July 7, 2008