This paper lists the major theories in this subject now prevailing in China with comments on each of them at a later stage, expounds the meaning of the right of goods and the document thereofon the basis of the civil ...This paper lists the major theories in this subject now prevailing in China with comments on each of them at a later stage, expounds the meaning of the right of goods and the document thereofon the basis of the civil law, explores the real meaning of the termof "document of title" under common law with the c0nclusion that itcorresponds to the document of ownership of goods under Chinesecivil law. It then concludes that a negotiable bill of lading is a conditional document of 0wnership of the goods mentioned therein withdetailed analysis of the reasons of this function. The paper also illustrates the aspects that this function affects mainly in the matters ofinternational trade law and recognizes that this function of bill oflading is no more imp0rtant than it was.展开更多
The paper discusses some key issues concerning the nature of rights evidenced by marlne B/L and probes into the origins of the B/L as credit document, B/L as property document or B/L as document of title theoretically...The paper discusses some key issues concerning the nature of rights evidenced by marlne B/L and probes into the origins of the B/L as credit document, B/L as property document or B/L as document of title theoretically and positively- ln the mean-time, the paper puts forth its own new thinking and opintions.展开更多
The definition of "Shipper" under the Chinese Maritime Codehas proved by judicial practice to be uncertain in respect of its interpretation. This article tries to comment on such issues as the importance to ...The definition of "Shipper" under the Chinese Maritime Codehas proved by judicial practice to be uncertain in respect of its interpretation. This article tries to comment on such issues as the importance to identify the "Shipper" under the Code and the person to be the "Shipper" withln the meaning of Secti0n (a) and (b) of Paragraph 3 of Article 42 from the authors’ theoretical and practical viewpoints.A seller under ClF terms is sure to be the "Shipper" under the Code; however, a seller under FOB terms can be deemed as the "Shipper" only if his name is shown in the column of "Shipper" in a bill of lading. This is the authors’ opinion for the interpretation of the definition of "Shipper" under the Chinese Maritime Code.展开更多
Warranty, which is a vacancy of legislation in our national law of insurance, is the necessarily important part of the marine insurance. After discussing the concept of warranty, analysing its nature and the effect of...Warranty, which is a vacancy of legislation in our national law of insurance, is the necessarily important part of the marine insurance. After discussing the concept of warranty, analysing its nature and the effect of its breach, and comparing the distinc-tions between China and the U. K. in this respect, the article puts forward proposals for consummating and enforcing the regime in relation to warranties.展开更多
文摘This paper lists the major theories in this subject now prevailing in China with comments on each of them at a later stage, expounds the meaning of the right of goods and the document thereofon the basis of the civil law, explores the real meaning of the termof "document of title" under common law with the c0nclusion that itcorresponds to the document of ownership of goods under Chinesecivil law. It then concludes that a negotiable bill of lading is a conditional document of 0wnership of the goods mentioned therein withdetailed analysis of the reasons of this function. The paper also illustrates the aspects that this function affects mainly in the matters ofinternational trade law and recognizes that this function of bill oflading is no more imp0rtant than it was.
文摘The paper discusses some key issues concerning the nature of rights evidenced by marlne B/L and probes into the origins of the B/L as credit document, B/L as property document or B/L as document of title theoretically and positively- ln the mean-time, the paper puts forth its own new thinking and opintions.
文摘The definition of "Shipper" under the Chinese Maritime Codehas proved by judicial practice to be uncertain in respect of its interpretation. This article tries to comment on such issues as the importance to identify the "Shipper" under the Code and the person to be the "Shipper" withln the meaning of Secti0n (a) and (b) of Paragraph 3 of Article 42 from the authors’ theoretical and practical viewpoints.A seller under ClF terms is sure to be the "Shipper" under the Code; however, a seller under FOB terms can be deemed as the "Shipper" only if his name is shown in the column of "Shipper" in a bill of lading. This is the authors’ opinion for the interpretation of the definition of "Shipper" under the Chinese Maritime Code.
文摘Warranty, which is a vacancy of legislation in our national law of insurance, is the necessarily important part of the marine insurance. After discussing the concept of warranty, analysing its nature and the effect of its breach, and comparing the distinc-tions between China and the U. K. in this respect, the article puts forward proposals for consummating and enforcing the regime in relation to warranties.
