单放货中的保函问题究学位参考.docVIP

摘 要 为满足快速发展的航运经济的需要，解决货物先于提单到达卸货港的问题，无单放货保函应运而生。保函提货一定程度上避免了船期延误，减少了货物受阻时间，节约了贸易成本。实践中大量存在凭保函提货的做法，并且得到许多国家，有的甚至以政府法令的形式。 ABSTRACT To meet the needs of the fast-growing of the shipping economy, to solve the problem that the bill of lading arrived at the port of delivery after the goods, the letter of guarantee arose for delivery the goods without original bill of lading. To some extent, when we take delivery of goods using the letter of guarantee, we can avoid shipment delay, reduce the delay time of goods and save the trade cost. In practice, there are lots of the letters which recognized by many countries. Some countries even make laws confirm it. The letter of guarantee brings convenience to the shipping trade, but it seriously threats to the legal system of the bill of lading. If somebody showed the letter of guarantee, he can easily withdraw the goods and make the bill of lading lose its role of documents of title to the goods. In the ocean practice, the letter of guarantee has been made a decisive role. Now there is not the unified subject of legal, to study how to better guarantee the effectiveness of the letter of guarantee and to minimize the risk, it is the most important to practice. In view of this, this paper bases on existing research results, combines with relevant laws and regulations, compares the view of the legal system and analyses the effect of law of the letter of guarantee in China. Focuses on the legal status, address the main risks for different proposed mechanisms, prospect the future of the letter of guarantee. The innovation is which it cites a large number of cases from the practical point of view to research. Explicit the main responsibilities and risks and put forward proposals to deal with risks. This article is divided into four chapters to formulated the letter of guarantee arose for releasing the goods without original bill of lading. From the basic concept, the first chapter shows the letter of guarantee.