Basic knowledge of lading

       1. Definition of lading and the relationship between man

       Bill of Lading (Marine Bill of Lading or Ocean Bill of Lading), or simply as a bill of lading (Bill of Lading, B / L), is an international settlement of the most important documents. "Hamburg Rules" is defined under a bill of lading is: Bill of lading, means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order, or to . bearer, constitutes such an undertaking "People's Republic of China maritime Law" (July 1, 1993 implementation) Article 71 states: "the bill of lading, means to prove that the contract of carriage of goods by sea and the goods have been received by the carrier or shipment , as well as the carrier undertakes to deliver the goods in the document. in the document stating the delivery of the goods to the named person, or to deliver the goods in accordance with the instructions on his instructions, or holders who deliver goods to the terms of the bill of lading, constitute the carrier to deliver the goods . guarantee "bill of lading is primarily the relationship between people of the two sides signed a contract of carriage: checked And the carrier. That cargo shipper, carrier ship that is.

       2. The functions of the bill of lading

      Bill of lading has three key features:

       (1) the bill of lading is to prove that the carrier has taken over the goods receipt for the goods and the goods have been shipped for the carrier transport the goods to the shipper, the bill of lading the cargo receipt function. Not only for the goods on board the carrier's obligation to issue bills of lading, and according to the requirements of the shipper, even if the goods have not yet shipped, as long as the goods have been under the charge of the carrier, the carrier is also the issue of what is called "revenue duty cargo shipment bill of lading, "the. So, a bill of lading issued by the carrier, that the carrier has indicated that the goods are loaded on a ship or confirmed to take over. Bill of lading as a receipt for goods, not only to prove the kind of receipt of the goods, quantity, logo, the apparent condition, but also proved that the time of receipt of the goods, namely the shipment time. Originally, when issuing bills of lading, if they can prove has received the condition of the goods and the goods can be, it does not necessarily require the goods have been shipped. However, the shipment will be the symbol of the seller to deliver the goods to the buyer, so the shipping time means that the seller's delivery time. The on-time delivery is a necessary condition to perform the contract, therefore, is very important to use the bill of lading to prove the shipment time of goods.

       (2) With the bill of lading is the carrier undertakes to deliver the goods and the sale of property right certificate for legally acquired the bill of lading holder of the bill of lading document of title function. Bill of lading legitimate holder the right to bill of lading at the port of destination intersection in exchange for delivery of the goods, and the carrier as long as good faith, bill of lading delivery, even if the holder is not the real owner, the carrier no responsibility. Also, unless indicated in the bill of lading, bills of lading and may not be transferred to third parties with the consent of the carrier's bill of lading would mean the transfer of property rights transfer, continuous endorsement can be continuously transferred. Bill of lading or bill of lading holder lawful assignee is the rightful holder of the goods described in the bill of lading. Property bill of lading on behalf of the bill of lading can be transferred with the transfer of rights and obligations stipulated in the bill of lading along with the transfer of the bill of lading and transfer. Even if the cargo had been damaged in transit or loss, but also because of the risk of the goods has been changed with the bill of lading and transferred from the seller to the buyer can only claim compensation from the buyer to the carrier.

       (3)提单是海上货物运输合同成立的证明. 文件提单上印就的条款规定了承运人与托运人之间的权利、义务，而且提单也是法律承认的处理有关货物运输的依据，因而常被人们认为提单本身就是运输合同。但是按照严格的法律概念，提单并不具备经济合同应具有的基本条件：它不是双方意思表示一致的产物，约束承托双方的提单条款是承运人单方拟定的；它履行在前，而签发在后，早在签发提单之前，承运人就开始接受托运人托运货物和将货物装船的有关货物运输的各项工作。所以，与其说提单本身就是运输合同，还不如说提单只是只是运输合同的证明更为合理。 如果在提单签发之前，承托双方之间已存在运输合同，则不论提单条款如何规定，双方都应按原先签订的合同约定行事；但如果事先没有任何约定，托运人接受提单时又未提出任何异议，这时提单就被视为合同本身。虽然由于海洋运输的特点，决定了托运人并没在提单上签字，但因提单毕竟不同于一般合同，所以不论提单持有人是否在提单上签字，提单条款对他们都具有约束力。

       3.提单的流通性

       提单作为物权凭证，只要具备一定的条件就可以转让，转让的方式有两种：空白背书和记名背书。但提单的流通性小于汇票的流通性。其主要表现为，提单的受让人不像汇票的正当持票人那样享有优于前手背书人的权利。具体来说，如果一个人用欺诈手段取得一份可转让的提单，并把它背书转让给一个善意的、支付了价金的受让人，则该受让人不能因此而取得货物的所有权，不能以此对抗真正的所有人。相反，如果在汇票流通过程中发生这种情况，则汇票的善意受让人的权利仍将受到保障，他仍有权享受汇票上的一切权利。鉴于这种区别，有的法学者认为提单只具有"准可转让性"(Quasi-negotiable)。

       4.提单的签发

       有权签发提单的人有承运人及其代理、船长及其代理、船主及其代理。代理人签署时必须注明其代理身份和被代理方的名称及身份。签署提单的凭证是大副收据，签发提单的日期应该是货物被装船后大副签发收据的日期。 提单有正本和副本之分。正本提单一般签发一式两份或三份，这是为了防止提单流通过程中万一遗失时，可以应用另一份正本。各份正本具有同等效力，但其中一份提货后，其余各份均告失效。副本提单承运人不签署，份数根据托运人和船方的实际需要而定。副本提单只用于日常业务，不具备法律效力。

       5.有关提单的国际公约

       由于提单的利害关系人常分属于不同国籍，提单的签发地或起运港和目的港又分处于不同的国家，而提单又是由各船公司根据本国有关法规定自行制定的，其格式、内容和词句并不完全相同，一旦发生争议或涉及诉讼，就会产生提单的法律效力和适用法规的问题，因此，统一各国有关提单的法规，一直是各国追求的目标。当前已经生效，在统一各国有关提单的法规方面起着重要作用或有关国际货物运输的国际公约有三个：

       (1)海牙规则(Hague Rules)

       海牙规则的全称是《统一提单若干法律规定的国际公约》(International Convention for the Unification of Certain Rules of Law Relating to Bill of Lading)，1924年8月25日由26个国家在布鲁塞尔签订，1931年6月2日生效。公约草案是1921年在海牙通过，因此定名为海牙规则。包括欧美许多国家在内的50多个国家都先后加入了这个公约。1936年，美国政府以这一公约作为国内立法的基础制定了1936年美国海上货物运输法。海牙规则使得海上货物运输中有关提单的法律得以统一，在促进海运事业发展，推动国际贸易发展方面发挥了积极作用，是最重要的和目前仍被普遍使用的国际公约，我国于1981年承认该公约。海牙规则的特点是较多的维护了承运人的利益，在风险分担上很不均衡，因而引起了作为主要货主国的第三世界国家的不满，纷纷要求修改海牙规则，建立航运新秩序。

       (2)维斯比规则(Visby Rules)

       At the urging of third world countries, to modify the rules of the Hague advice has been accepted by the Nordic countries and the UK shipping in developed countries, but they believe can not be so anxious, so as not to cause confusion, advocated compromise opinions from all sides, only to Hague apparently unreasonable or ambiguous terms as amended and supplemented by local, Davis is on this basis to produce than the rule. Therefore, also known as the Hague Visby Rules --- Visby Rules (Hague-Visby Rules), which stands for "stapler meeting on the revision of the International Convention for the Unification of Certain legal provisions of the bill of lading" (Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bill of Lading), or simply "the 1968 Brussels Conference stapler" (the 1968 Brussels Protocol), adopted in Brussels on February 23, 1968, entered into force in June 1977. At present, Britain, France, Denmark, Norway, Singapore, Sweden, more than 20 countries and regions participated in the convention.

       (3) of the Hamburg Rules (Hamburg Rules)

       Hamburg rule is "the United Nations Convention of 1978 Carriage of Goods" (United Nations Convention of the Carriage of Goods by Sea, 1978), 1976 Nian drawn up by the UN Legal Committee on Trade, held in 1978, there are 71 participating countries by the United Nations auspices in Hamburg for consideration by the Plenipotentiary Conference. Hamburg Rules can be said that under the repeated struggles of Third World countries, delegates after many consultations, and having made a compromise by certain aspects. Hamburg Rules comprehensive revision of the Hague Rules, the contents of which aggravated the carrier's liability to a greater extent, protect the interests of cargo, representing the will of the Third World developing countries, the Convention entered into force in 1992. But the non-signatories to the main shipping freight Egypt, Nigeria and other countries, so the current rules of international influence of the Hamburg shipping industry is not great.

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