国际商法billoflading.ppt
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1、B.Bills of Lading1.Definition2.classification of bill of lading3.Function of Bill of Lading4.Carriers duties under a bill of lading5.Carriers immunities6 Conventions relating to bills of lading1.definitionn nA bill of lading is an instrument issued by an ocean A bill of lading is an instrument issue
2、d by an ocean carrier to a shipper with whom the carrier has carrier to a shipper with whom the carrier has entered into a contract for the carriage of goodsentered into a contract for the carriage of goodsn nIt states that certain goods have been shipped on a It states that certain goods have been
3、shipped on a particular ship or;have been received for shipmentparticular ship or;have been received for shipmentn nIt sets out terms on which those goods have been It sets out terms on which those goods have been delivered to and;received by the ship ownerdelivered to and;received by the ship owner
4、n nOn being signed by or on behalf of the carrier,it is On being signed by or on behalf of the carrier,it is handed to the shipper.handed to the shipper.2.classification of bill of lading straight B/L 记名提单记名提单 bearer B/L,blank B/L,open B/L不记名提单不记名提单 order B/L 指示提单指示提单2.classification of bill of ladi
5、ngstraight bill of lading states:n nthe goods are consigned to a specified person n nit is not negotiable.2.classification of bill of ladingbearer bill of lading states:n n that delivery shall be made to whoever holds the bill.n nIt can be negotiated without endorsement.n nAlthough it can be negotia
6、ted freely and easily,it may bring about risks to both the seller and buyer because of missing and stealing.Notesn nEndorsementn nThe placing of a signiture,sometimes with additional notation,on the back of a negotiable instrument to transfer of gurantee the instrument or to acknowledge payment2.cla
7、ssification of bill of ladingorder bill of lading statesn nthe goods are consigned to the order of the person named in the bill(shipper,a named bank)n na negotiable bill of lading with endorsementn nIf the order bill of lading is not endorsed,the person who make the order retain the ownership to the
8、 goods or it is him who has the right to take delivery.2.classification of bill of lading clean bill of lading(clean B/L)unclean bill of lading (unclean B/L,dirty B/L,foul B/L)2.classification of bill of ladingclean bill of lading(clean B/L)a bill of lading issued by a carrier declaring that the goo
9、ds have been received in an appropriate condition,without the presence of defects about packaging or the quantity2.classification of bill of ladingunclean bill of lading(unclean B/L)is a bill issued unclean bill of lading(unclean B/L)is a bill issued by the carrier when the goods received is damaged
10、 by the carrier when the goods received is damaged or does not meet with specification:or does not meet with specification:e.g.the goods received for shipping(or their e.g.the goods received for shipping(or their packaging)looks packaging)looks n nwets,wets,n ndamaged damaged n nin doubtful conditio
11、nin doubtful conditionn nnot in correct quantitynot in correct quantity 2.classification of bill of ladingn nIf the container received by the carrier was damaged,the carrier makes a notation that expressly declares the defective condition of the container.Ultimately,it is the exporter who will be re
12、sponsible financially because of the damaged container and/or package.n n Normally importers and their banks do not accept an unclean bill of lading for payment under a letter of credit.2.classification of bill of lading shipped bill of lading,on board bill of lading(已装船提单已装船提单)received for shipment
13、 bill of lading(收货待(收货待运提单)运提单)2.classification of bill of ladingshipped bill of lading,on board bill of lading certifies n nthe specified good have been received n nin apparent good order and condition n nfrom the named shipper(consignor),n nand have been taken aboard the named ship(vessel)n non th
14、e stated date.n nBanks require this type of bill of lading so as to payBanks require this type of bill of lading so as to pay2.classification of bill of ladingreceived for shipment bill of lading received for shipment bill of lading indicates indicates n nthe good have merely been received by the ca
15、rrier,the good have merely been received by the carrier,n nbut they have not yet been loaded on the ship.but they have not yet been loaded on the ship.n nIt is used in the case where the goods arrive at the It is used in the case where the goods arrive at the port of departure before the vessel does
16、.port of departure before the vessel does.n nThis type of bill of lading is not considered as a This type of bill of lading is not considered as a complete bill of lading,and should be replaced by complete bill of lading,and should be replaced by a shipped bill of lading when the goods do go on a sh
17、ipped bill of lading when the goods do go on board.board.3 Function of Bill of Ladingas the receipt of goods receivedn n A bill of lading will be receipt that the carrier gives the shipper acknowledging that he has shipped the goods in a named ship or acknowledging that he has received the goods for
18、 shipment.3 Function of Bill of LadingIn common law,the bill of lading acts as a receipt for three thing:n n quantity of goodsif the quantity of goods on the ship was not asdescribed in the bill of lading,the carrier or his agent shall be liable for it n n leading mark goods usually have shipping ma
19、rksthe shipping marks are also put on the bill of lading notesFront side of standard bill of lading Front side of standard bill of lading n nName of goodsName of goodsn nquantityquantityn nNumber/weight/volume of goodsNumber/weight/volume of goodsn nSpecification of dangerous goodsSpecification of d
20、angerous goodsn nName of carrier and his place of businessName of carrier and his place of businessn nName of vessel(ship)Name of vessel(ship)n nName of shipperName of shippern nName of consigneeName of consigneen nPort of shipment/received datePort of shipment/received daten nDischarge port Dischar
21、ge port n nPlace of delivery(taking delivery)Place of delivery(taking delivery)n nDate/place/number of the bill of lading issuedDate/place/number of the bill of lading issuedn nPayment of freightPayment of freightn nSignature of carrier of his agentSignature of carrier of his agentnotesBack side of
22、a standard bill of ladingn nRights and obligations of shipper and carrier3 Function of Bill of Ladingn napparent good order and condition apparent good order and condition apparent goods order and condition create an apparent goods order and condition create an estoppel that a carrier is bound by th
23、e statement.estoppel that a carrier is bound by the statement.The shipmaster has the authority to note only as The shipmaster has the authority to note only as to the to the apparent good order and conditionapparent good order and condition not the not the inner condition and quality of goodsinner c
24、ondition and quality of goods the bill of lading only relates to the apparent good the bill of lading only relates to the apparent good order and condition of the goods order and condition of the goods when they are put when they are put on board,on board,but does not cover any but does not cover an
25、y subsequent subsequent damagedamage of the goods on the voyage of the goods on the voyage3 Function of Bill of Ladingas evidence of the contract of carriageThe contract of carriage by sea is normally concluded before the carrier issues the bill of lading.The contract is made when the goods are acce
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