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Marine bill of lading lost after how to remedy ( 2)

by:CNS     2020-05-10
( 2) Apply to the court for public notice in a timely manner. A can ensure rights under the bill of lading shall be inviolable; Second, can solve the problem of long-term stagnation pressure margin. Because once the court decided to hear public notice, assignment of rights on the bill during the behavior as genuine. The laws of the public notice procedure cost is low, attorney fees is low. The expiry of the abroad should also have this kind of program, demand that the ( The general is 60 days) Can apply for court rulings eliminating advantageous position. ( 3) In general, the documents lost should not affect YaGang, because the consignee has the obligation not accordingly refused to unload the goods; The carrier also cannot refuse to discharge the consignee without original bill of lading, despite its shall have the right to refuse to release the goods. ( 4) Postal Courier company will be responsible to what the current laws and regulations to give them nearly exemption treatment; Whether can pass on by insured postal express delivery risk insurance loss, the insurance company if seems not to carry out the insurance. ( 5) Bank letter of guarantee as long as the letter of guarantee issued by language specific comprehensive, general won't have risk. Involving large letter of guarantee, please best counsel, because in practice there are a lot of bank guarantee shall be invalid. How to deal with the problem of the bill of lading, bill of lading lost after refers to the evidence of the contract of carriage of goods by sea and the goods has been received by the carrier or the shipment, which guarantee the delivery of documents as well as the carrier. According to the consignee in the bill of lading column fill in the way, can be divided into straight bill of lading, bill of lading order b/l and bearer b/l, the consignee column in different ways, the transfer of the bill of lading way is different also. The People's Republic of China 'maritime law' regulation: the straight bill of lading shall not be transferred. Order b/l by endorsement to order endorsed in blank or transfer; Bearer b/l transferred without endorsement. The bill of lading has many functions in the transport and trade, when the bill of lading in the hands of the shipper, the bill of lading have the function of the receipt of goods, in the circulation of the bill of lading or proof of ownership of the goods, deliver the cargo to really have the ownership of the goods of the bill of lading holder is the duty of the carrier. In the l/c trade often encounter the issued by the bill of lading lost problem, the carrier shall be considered the interests of both sides of the carrier and the shipper, the right attitude towards the bill of lading leakage problems. Some carrier request the shipper must be the original bill of lading invalid announcement, and provide the letter of guarantee to be liable to issue another copy of the bill of lading, at the same time some often insist on to the bill of lading issued by the carrier plus; 正本提单报告损失由托运人和货物将要在此发布提单( The bill of lading number) ” And similar notation, think only in this way can do two original bill of lading to the port of destination delivery of risk transfer to the shipper side. With this is not a negotiating bank endorsed bill of lading and received, the shipper to the carrier without notation, and to provide a copy of the letter of guarantee & hellip; … , affect the normal exchange settlement of the shipper already so, also not conducive to protect the interest of the carrier. Also some carrier encounter this kind of situation, insisted that the shipper provide a bank guarantee, and usually a bank is slow to issue a letter of guarantee, the results not only influence the settlement of exchange of the shipper, sometimes make the expiry date of the bill of lading after the ticket & hellip; … 。 The author thinks that these practices are not the most effective way, should according to different situations and treated separately.
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