Explain the use and function of the trade bill of lading

        The bill of lading is the basis for the disposition of the rights and obligations of both parties in the carriage between the carrier and the shipper。Although it is generally not a contract signed by both parties, the main items constituting the contract, such as the name of the vessel, the date of departure, the route, the port of call and other items relating to freight transport, are well known;And freight and transport conditions, the carrier is also regulated in advance。Therefore, when the shipper or its agent books the carrier, it is considered that the contract is established, so although the content of the terms is prepared by both carriers, the shipper should also think that the two sides have approved, that is, become a contract of carriage。Therefore, the habit has become the basis for dealing with various problems in transportation in the future。
 

Explain the use and function of the trade bill of lading

1. Goods receipt

        With respect to the shipper who delivers the goods to the carrier for carriage, the bill of lading has the function of a receipt for the goods。The carrier has an obligation not only to issue a bill of lading with respect to the loaded goods, but also, at the request of the shipper, even if the goods have not yet been loaded, as long as the goods are in the carrier's possession, the carrier has an obligation to issue what is known as a "received bill of lading for shipment"。Therefore, once the bill of lading is issued by the carrier, it indicates that the carrier has loaded the goods on the ship or has confirmed receipt of the goods。As a receipt for goods, the bill of lading not only proves the type, quantity, mark and appearance of the goods received, but also proves the time of receipt of the goods, that is, the time of shipment of the goods。Originally, when a bill of lading is issued, it only needs to be able to prove that the goods have been received and the condition of the goods, and does not necessarily require that the goods have been shipped。However, shipping the goods means that the seller has entrusted the goods to the buyer, so the time of shipment also means the time of delivery of the seller。Delivery on time is a necessary condition for the execution of the contract, so it is very important to prove the time of shipment by the bill of lading。

2. Documents of real right

        With respect to the holder of the bill of lading legally obtained, the bill of lading has the function of a document of title。The legal holder of the bill of lading has the right to take delivery of the goods at the port of destination with the exchange of the bill of lading, and the carrier only has to deliver the goods with the bill of lading out of the goodness of his heart, even if the holder is not the real owner of the cargo, the carrier is not obligated。Moreover, unless specified in the bill of lading, the bill of lading can be transferred to a third party without the consent of the carrier, the transfer of the bill of lading means the transfer of real rights, and successive endorsements can be transferred continuously。The legal transferee or holder of a bill of lading is the legal holder of the goods stated on the bill of lading。The real right represented by the bill of lading can be transferred with the transfer of the bill of lading, and the rights and obligations stipulated in the bill of lading are also transferred with the transfer of the bill of lading。Even if the goods are damaged or lost in the course of transport, the risks of the goods have been transferred from the seller to the buyer along with the transfer of the bill of lading, and only the buyer can make a claim for compensation to the carrier。

Documents evidencing the formation of the contract of carriage of goods by sea

        The terms printed on the bill of lading rule the rights and obligations between the carrier and the shipper, and the bill of lading is also the legal basis for the disposal of the transport of goods, so it is often considered that the bill of lading itself is a contract of carriage。But according to the strict legal concept，A bill of lading does not have the fundamental condition that an economic contract should have: it is not the product of a disagreement between the parties，The terms of the bill of lading binding the parties are drawn up by the carriers;It is practiced before，After issuance，Long before the bill of lading was issued，The carrier begins to undertake all the work related to the carriage of goods by the shipper for consigning and loading the goods。Therefore, rather than the bill of lading itself is a contract of carriage, it is more reasonable to say that the bill of lading is only a proof of the contract of carriage。If a contract of carriage exists between the bearers prior to the issuance of the bill of lading, the parties shall act as previously agreed upon in the contract, regardless of the terms of the bill of lading;However, if there is no prior agreement and the shipper accepts the bill of lading without any objection, then the bill of lading is deemed to be the contract itself。Although due to the characteristics of ocean transport, it is decided that the shipper does not sign the bill of lading, but because the bill of lading is different from the ordinary contract, so whether the holder of the bill of lading can sign the bill of lading, the terms of the bill of lading are binding on them。

4. Negotiability of bills of lading

        As a document of real right, bill of lading only needs to meet certain conditions to be transferred, and there are two ways of transfer: blank endorsement and special endorsement。However, the negotiability of a bill of lading is less than that of a bill of exchange。Its main performance is that the transferee of a bill of lading does not enjoy the rights and interests superior to the preceding endorser like the reasonable holder of a bill of exchange。In more detail, if a person acquires by cunning a negotiable bill of lading and endorses it to a good-hearted assignee who has paid the price, the assignee cannot thereby acquire all rights to the goods as opposed to the real owner。On the contrary, if such a situation occurs in the course of the bill of exchange, the good will of the transferee of the bill of exchange will still be guaranteed, and he will still be entitled to all the interests in the bill of exchange。In view of this difference, some legal scholars think that bill of lading only has "Quasi-negotiable" quasi-negotiable。