国际商法 bill of lading.ppt

B. Bills of Lading 1. Definition 2. classification of bill of lading 3. Function of Bill of Lading 4. Carrier’s duties under a bill of lading 5. Carrier’s immunities 6 Conventions relating to bills of lading 1. definition A bill of lading is an instrument issued by an ocean carrier to a shipper with whom the carrier has entered into a contract for the carriage of goods It states that certain goods have been shipped on a particular ship or; have been received for shipment It sets out terms on which those goods have been delivered to and; received by the ship owner On being signed by or on behalf of the carrier, it is handed to the shipper. 2. classification of bill of lading ① straight B/L 记名提单 bearer B/L, blank B/L, open B/L不记名提单 order B/L 指示提单 2. classification of bill of lading straight bill of lading states: the goods are consigned to a specified person it is not negotiable. 2. classification of bill of lading bearer bill of lading states: that delivery shall be made to whoever holds the bill. It can be negotiated without endorsement. Although it can be negotiated freely and easily, it may bring about risks to both the seller and buyer because of missing and stealing. Notes Endorsement The placing of a signiture,sometimes with additional notation, on the back of a negotiable instrument to transfer of gurantee the instrument or to acknowledge payment 2. classification of bill of lading order bill of lading states the goods are consigned to the order of the person named in the bill (shipper, a named bank) a negotiable bill of lading with endorsement If the order bill of lading is not endorsed, the person who make the order retain the ownership to the goods or it is him who has the right to take delivery. 2. classification of bill of lading ② 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 lading clean bill of lading (clean B/L) a bill of lading issued by a carrier declari