Ch 5 int. transport and insurance
¨
¨国际运输和保险
outline
¨ in Chinese:
¨本章是买卖合同中卖方或买方权利
义务的延伸。本章以货物为连接点，
由货物买卖合同转向运输合同，保
险合同，论述了不同当事人在不同
法律关系中的权利义务关系。
1,提单专题 the bill of lading
¨ the definition: please see the guo’s
materials at 100
¨ outline: 1,the international transport
of the sale of goods
¨1,1 the bill of lading
¨1,2 the function and legal feature of the
bill of lading
1,1方法The methods of the study
¨ the definition of the B/L
¨The function
¨The samples of the B/L
¨and the difference of disputes. Case
study in practices
1,2定义The definition of the bill of
lading
¨the definition: please see the guo’s
materials at 100
¨ Under the China law of maritime, the
bill of lading means that the document
is issued by the carrier to certify that
the goods are transported by the carrier.
It is an important evidence of the
transportation contract.
1,3提单原因the reasons
¨1, 路途远
¨2，公海运输风险大
¨3，便于索赔
1,4法制形式the legal forms of B/L’
¨ in the sections, the two styles of the
B/L to regulate the B/L
¨ the domestic laws and the int. laws
¨国内法和国际法渊
¨ in China, the domestic laws are the
maritime and the procedure laws
¨ international treaty and the customary
laws
2, the B/L function and styles and the
contents
¨ in Chinese:
¨ 职能和类型
¨ 作用和特征
¨权利和义务及内容
¨
3,功能The function of B/L
¨Firstly,
¨A, the bill of lading is the contract
evidence of ocean transportation to
certify the contracts
¨Eg, the contracts for the parties of sale
goods and the contracts of
transportation if the disputes
cont.
¨Here there are two different contracts
of the international sale of goods. One
is the contract of international
transportation that is signed by the
carrier and buyer or seller. The other
contract is the bill of lading under the
contract,
¨货物合同及运输合同
cont.
¨ the parties of the issuing
¨the bill of lading is only issued by the
carrier. If the bill of lading is received
by the seller or the third party, the
contracts is signed among the parties.
¨签发者？
cont.
¨ secondly,
¨B, the bill of lading is the evidence of
transport by the carrier and the
contents of goods.
¨运输证据
案件分析Case study
¨ facts in brief:
¨ In the case of the international sale of
case, the parties of the international sale
of goods under the contracts, the buyer is
a company to sale goods and sign another
contract to sale the goods. Under the
international contract, the third parties
have not received the goods and the fee of
goods is paid.
cont.
¨A and B.
¨If the disputes among the parties, for
the seller of goods contracts are
available to enforce the contracts. the
evidence for the transports.
¨对第一买卖合同和运输合同有效.
4类型 ,the styles of B/L
¨Under the different criterion of the
classifications, there are different
styles of the bill of lading.
¨ the criterions of classifications:
weather the goods carried or not, the
the date of L/B issued, weather
negotiable or not, and the notes for the
parties.
到签提单antedated B/L
¨ definition of antedate B/L.
¨ the date of issuing L/B is earlier than the
practical date for the parties. it is very serious
activities for the parties.
¨ [1]What is the antedated bill of lading? The
antedated bill of lading means that the date of
the issued by the carrier is early rather than
the fact of the shipment.
[1] see Yu jinson , International Economic
Law, Peiking university press,2001,93-94.
5,the obligation for the carrier
¨ the exemption of obligation
¨Bear the obligation for evidence. If
there is client for the carrier, the
obligation is the same as the carrier.
¨Joint obligation of compensation.
the rights of carrier
¨ checked the goods by the notes.
¨Receive the goods for the transports
and the making a lawsuit against the
parties fail the fees of delivery.
¨Dealing with the danger goods which
injure the other goods in the same
goods.
¨ the discharge the good in the next port.
6,Summary
¨ the function of L/B
¨ the styles of L/B, especially the
antedated L/B, the rights of parties,
¨ the obligation for the carriers
¨ the rights for the carrier
how to claim in practice
¨under the international transportation
of the international trade, how to claim
and how to decide the parties of the
international trade practice in these
disputes ?
translation in Chinese
¨ 本案件涉及修改合同未及承运人，
如何承担责任？
7,Summary
¨ the BL ABC and the function for the
¨ how to claim under the IEL
¨The case study for the partiers
