Study on the Differences Between Letters of Indemnity at Shipment and Letters of Indemnity at Discharge
|School||Huazhong University of Science and Technology|
|Keywords||Shipment guarantees Fanghuo guarantees The force of law Settlement proposals|
The bill of lading and letters of credit system of international trade across the distance of space and time , as well as the rights of the seller and the buyer is fully protected . Because of the importance of the bill of lading , the countries are to be strictly on the bill of lading system , which to some extent affected the circulation of goods . \Plays a positive role in the shipping and international trade , but it has also brought negative impact . So , the legal effect of the issue has been the subject of much attention . National laws be amended accordingly , in order to adapt to the current situation , however unsatisfactory . I believe that BG issues remain unsettled because people tend to all the guarantees as a whole to discuss , without distinction between . This paper attempts to analysis of the nature of the shipment the guarantees and Fanghuo guarantees the derivation of these two guarantees respective causes , and further proposed the corresponding solution . This paper consists of four parts . The opening chapter , the author first a brief introduction of the bill of lading and shipping guarantees . Analysis of the importance of the bill of lading in shipping and international trade , and then leads around shipping guarantees it . Aspects of the author in the second part , from the existence of value and risk , theoretical analysis and practical point of view, the national attitude and our judicial practice of the legal nature of its legal effect shipment guarantees . The third part is the analysis of the nature of the delivery of goods Guarantee . The author or start value and risk Zhaobi to analyze , and then from the contrast of the traditional ideas and new perspectives on the delivery of goods guarantees . The author leads in the last chapter shipment guarantees a fraud between the shipper and the carrier and the consignee of self - relief legal issues; and Fanghuo BG , is the conclusion of a document system problems . And two types of shipping guarantees settlement proposals .