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The difference between the sea waybill and telex release and the selection of the related parties of them ( On) Cruise international logistics

by:CNS     2020-12-10
2018 - 05 - 28 10:53:00 and correspond to the three functions of the bill of lading and sea waybill and release the also has the function of the cargo receipt and the contract of carriage proof function, however, they don't have the bill of lading of the most important is the real right certificate & throughout; The function. Available in some can be collected in order to make the consignee of bill of lading, and with shipping company does not want to guarantee delivery of the goods under the condition of taking the goods in a timely manner, practice leads to release & throughout; , but at present, the relevant international conventions, national law, As China's maritime law) And regulations, no release & throughout; The definition. Compared with the use of the bill of lading, using a sea waybill consignee take delivery procedure is more simple, more timely, more safe. So, since the 1970 s sea waybill to accepted by the bank. The international chamber of commerce ( 国际商会,ICC) To formulate the INCOTERMS will sea waybill in the transport document ( 运输单据) . On June 29, 1990, the international maritime commission the 34th conference held in Paris by the international maritime commission on sea waybill uniform rules & throughout; ( CMI海运单统一规则) More normative, make use of sea waybill. Sea waybill, of course, there are some problems, and it also can not replace the bill of lading. So, many shipping companies do not yet have its own sea waybill. But in some applicable telex release & throughout; Cases, usually is the use of the sea waybill. ( 1) The choice of the carrier as the carrier of the container liner company is customer is god & throughout; For the service concept, so when customers to use electrical & throughout; Or use the request for sea waybill, unless the ship company does not have its own sea waybill, the shipping company will meet the requirements of customers. However, for the carrier, from the point of view to reduce risk, should choose to use sea waybill. Choose to use telex release & throughout; And basis risk: it is well known that the bill of lading international conventions and the laws already on the definition, specification. Throughout and release the &; Is actually a special case of when using the bill of lading. But this kind of situation is very special, making the bill of lading must circulation throughout the &; The nature of the bill of lading can by delivery or endorsement and delivery free transfer of the nature of the destroyed. There is no international convention or national law to release & throughout; Give definitions and specifications. As mentioned earlier, release & throughout; Principle is beyond the back of the bill of lading, and then deliver the goods. This kind of practice is the special case of the reference in the issuance of the bill of lading, namely different sign & throughout; In the practice. But, beyond the sign & throughout; There is still problems, and some of its practices put forward question, say that different sign & throughout; The consequences of the practice there is uncertainty. In strict accordance with the telex release & throughout; The definition of the operation, can avoid the influence of some uncertain factors. In practice, however, some still to release the & throughout; After the carrier risk constitute the corresponding responsibility. It is worth noting that the problems can include, but not limited to: 1) The shipper ( Consignor) Apply for telex release & throughout; , the bill of lading issued by the carrier is no longer at this point, the bill of lading terms and conditions are binding on the parties. 2) The bill of lading can be properly endorsed ( 背书) After the transfer, release & throughout; The problem of how to implement. 3) Release the & throughout; Case of the shipper and the consignee is nvocc, as actual carrier shipping company to deliver the goods to the real owner of the goods, will bear the liability for misdelivery, or nvocc error delivery of goods, shipping companies should bear the responsibility of the problem. 4) Shipping company and shipping agent authorization is unknown and the phenomena of responsibility between bear the problem. The reason of choose to use sea waybill: sea waybill (both in the international trade Such as the international chamber of commerce of INCOTERMS) And in the aspect of international shipping ( Such as the international maritime commission of sea waybill uniform rules) Have more than ten years of practice, specification to follow. Throughout and release the &; Is, in fact, in the case of using the bill of lading, basically a way according to the shipping order of the process operation. Therefore, if necessary, choose to use sea waybill for shipping company as carrier, can be put in to avoid using electricity & throughout; And possible problems at the same time, and are available in practice, standardizing the parties abide by. So, when required, the carrier choosing to use sea waybill is more appropriate.
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