Reconsideration of the Bill of Lading as a Document of Title

Zeng Luling; Jiang Zhengxiong; Ren Lvzhen; Yang Chaoyang

doi:doi:10.11648/j.ijls.20220501.18

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Reconsideration of the Bill of Lading as a Document of Title

Zeng Luling, Jiang Zhengxiong, Ren Lvzhen, Yang Chaoyang

Published in International Journal of Law and Society (Volume 5, Issue 1)

Received: 29 December 2021 Accepted: 25 January 2022 Published: 9 February 2022

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Abstract

The bill of lading is a primary transport document generally signed by or on behalf of the carrier by sea. Because of its comprehensive characteristics, it also plays an important role in the field of international trade. It is widely treated as a document of title in maritime law research and legal practice, but as to the specific meaning of the document of title, there is no accurate and universally accepted interpretation. It is an academic topic left to scholars to discuss. With the changes in the form of bills of lading in practice, it is also a fundamental issue to reduce the disputes arising from the delivery of goods and payment settlement in trade. This paper reviews the different expressions and variations of the bill of lading in relevant conventions and different domestic laws and analyzing the provisions or presumed meanings of the document of title. Based on the various functions of the bill of lading in transportation and trade, it further emphasizes that the dual legal nature of the document of title is mainly for delivery requests and constructive possession of goods. The correction of deviation regarding the implication of document of title in the Chinese context, especially the controversy about the bill of lading as a document of property and the document of debt, and the further clarification of legal nature of a different bill of lading in particular application stage could be obtained.

Published in	International Journal of Law and Society (Volume 5, Issue 1)
DOI	10.11648/j.ijls.20220501.18
Page(s)	66-72
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Bill of Lading, Legal Nature, Document of Title, Document of Property, Document of Debt

References

[1]	G. H. Treitel, The Legal Status of Straight Bills of lading, Law Quarterly Review, vol. 119, p. 611.
[2]	Dong Luyu. Discussing the legal nature of maritime bills of lading from the perspective of historical development. Journal of Southeast University (Philosophy and Social Science Edition), 2021, 23 (S1): 112-116.
[3]	Wu Huaning, Maritime Law, Law Press, 1996, p. 98.
[4]	Yang Daixiong, "On the Change of Property Rights in Movable Property under the Certificate of Property Rights", http://article.chinalawinfo.com/article/index.asp. 2006-4-19.
[5]	Linnan, "On the Property Attributes of Marine Bills of Lading", http://www.law-walker.net. 2002-12-30.
[6]	Li Hai. Reflections on "Bill of Lading as a Document of Property", Chinese Maritime Law Yearbook, 2003 (7), pp. 41-52.
[7]	Si Yuzhuo, A Study of Maritime Law Topics, Dalian Maritime Publishing House, 2002, pp. 65-69.
[8]	Wang Ying. Properties of bill of lading, East China University of Political Science and Law, 2015. MA thesis.
[9]	Jiang Zhengxiong. The Rotterdam Rules: an important milestone in the history of maritime law. Journal of East China University of Political Science and Law, 2010 (06): 88-98.
[10]	Li Wenxiang. The disadvantages of the bill of lading as a document of property rights. Hai Da Law Review, 2017 (00): 124-148.
[11]	Aikens R, Lord R, Bools M, et al. Bills of lading. Informa Law from Routledge, 2020.
[12]	Song Li. Risk prevention of using straight bill of lading under collection. China Foreign Exchange, 2019 (09): 65.
[13]	The Rafacla s, [2005] 1 Lloyd's Rep. 347.
[14]	Li Hai. Reflections on "bill of lading is a document of property right"--The legal nature of bill of lading. China Maritime Law Annual, 1996 (00): 41-52.
[15]	Arun Kasi. The Law of Carriage of Goods by Sea, Springer Science and Business Media LLC, 2021.
[16]	Wang Xiaoping. Exploration of the right attributes of bill of lading in business circulation. China Business Journal, 2021 (01): 26-29.
[17]	Xie Li. Discussion on whether the bill of lading belongs to the document of property rights. Shanghai Business, 2020 (07): 46-48.

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APA Style

Zeng Luling, Jiang Zhengxiong, Ren Lvzhen, Yang Chaoyang. (2022). Reconsideration of the Bill of Lading as a Document of Title. International Journal of Law and Society, 5(1), 66-72. https://doi.org/10.11648/j.ijls.20220501.18

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ACS Style

Zeng Luling; Jiang Zhengxiong; Ren Lvzhen; Yang Chaoyang. Reconsideration of the Bill of Lading as a Document of Title. Int. J. Law Soc. 2022, 5(1), 66-72. doi: 10.11648/j.ijls.20220501.18

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AMA Style

Zeng Luling, Jiang Zhengxiong, Ren Lvzhen, Yang Chaoyang. Reconsideration of the Bill of Lading as a Document of Title. Int J Law Soc. 2022;5(1):66-72. doi: 10.11648/j.ijls.20220501.18

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@article{10.11648/j.ijls.20220501.18,
  author = {Zeng Luling and Jiang Zhengxiong and Ren Lvzhen and Yang Chaoyang},
  title = {Reconsideration of the Bill of Lading as a Document of Title},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {66-72},
  doi = {10.11648/j.ijls.20220501.18},
  url = {https://doi.org/10.11648/j.ijls.20220501.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.18},
  abstract = {The bill of lading is a primary transport document generally signed by or on behalf of the carrier by sea. Because of its comprehensive characteristics, it also plays an important role in the field of international trade. It is widely treated as a document of title in maritime law research and legal practice, but as to the specific meaning of the document of title, there is no accurate and universally accepted interpretation. It is an academic topic left to scholars to discuss. With the changes in the form of bills of lading in practice, it is also a fundamental issue to reduce the disputes arising from the delivery of goods and payment settlement in trade. This paper reviews the different expressions and variations of the bill of lading in relevant conventions and different domestic laws and analyzing the provisions or presumed meanings of the document of title. Based on the various functions of the bill of lading in transportation and trade, it further emphasizes that the dual legal nature of the document of title is mainly for delivery requests and constructive possession of goods. The correction of deviation regarding the implication of document of title in the Chinese context, especially the controversy about the bill of lading as a document of property and the document of debt, and the further clarification of legal nature of a different bill of lading in particular application stage could be obtained.},
 year = {2022}
}

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TY  - JOUR
T1  - Reconsideration of the Bill of Lading as a Document of Title
AU  - Zeng Luling
AU  - Jiang Zhengxiong
AU  - Ren Lvzhen
AU  - Yang Chaoyang
Y1  - 2022/02/09
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220501.18
DO  - 10.11648/j.ijls.20220501.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 66
EP  - 72
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220501.18
AB  - The bill of lading is a primary transport document generally signed by or on behalf of the carrier by sea. Because of its comprehensive characteristics, it also plays an important role in the field of international trade. It is widely treated as a document of title in maritime law research and legal practice, but as to the specific meaning of the document of title, there is no accurate and universally accepted interpretation. It is an academic topic left to scholars to discuss. With the changes in the form of bills of lading in practice, it is also a fundamental issue to reduce the disputes arising from the delivery of goods and payment settlement in trade. This paper reviews the different expressions and variations of the bill of lading in relevant conventions and different domestic laws and analyzing the provisions or presumed meanings of the document of title. Based on the various functions of the bill of lading in transportation and trade, it further emphasizes that the dual legal nature of the document of title is mainly for delivery requests and constructive possession of goods. The correction of deviation regarding the implication of document of title in the Chinese context, especially the controversy about the bill of lading as a document of property and the document of debt, and the further clarification of legal nature of a different bill of lading in particular application stage could be obtained.
VL  - 5
IS  - 1
ER  -

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Author Information

Zeng Luling

Law School, Shanghai Maritime University, Shanghai, China
Jiang Zhengxiong

Law School, Shanghai Maritime University, Shanghai, China
Ren Lvzhen

Navigation College, Jimei University, Xiamen, China
Yang Chaoyang

Law School, Shanghai Maritime University, Shanghai, China

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Plain Text BibTeX RIS

APA Style

Zeng Luling, Jiang Zhengxiong, Ren Lvzhen, Yang Chaoyang. (2022). Reconsideration of the Bill of Lading as a Document of Title. International Journal of Law and Society, 5(1), 66-72. https://doi.org/10.11648/j.ijls.20220501.18

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ACS Style

Zeng Luling; Jiang Zhengxiong; Ren Lvzhen; Yang Chaoyang. Reconsideration of the Bill of Lading as a Document of Title. Int. J. Law Soc. 2022, 5(1), 66-72. doi: 10.11648/j.ijls.20220501.18

Copy | Download

AMA Style

Zeng Luling, Jiang Zhengxiong, Ren Lvzhen, Yang Chaoyang. Reconsideration of the Bill of Lading as a Document of Title. Int J Law Soc. 2022;5(1):66-72. doi: 10.11648/j.ijls.20220501.18

Copy | Download

@article{10.11648/j.ijls.20220501.18,
  author = {Zeng Luling and Jiang Zhengxiong and Ren Lvzhen and Yang Chaoyang},
  title = {Reconsideration of the Bill of Lading as a Document of Title},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {66-72},
  doi = {10.11648/j.ijls.20220501.18},
  url = {https://doi.org/10.11648/j.ijls.20220501.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.18},
  abstract = {The bill of lading is a primary transport document generally signed by or on behalf of the carrier by sea. Because of its comprehensive characteristics, it also plays an important role in the field of international trade. It is widely treated as a document of title in maritime law research and legal practice, but as to the specific meaning of the document of title, there is no accurate and universally accepted interpretation. It is an academic topic left to scholars to discuss. With the changes in the form of bills of lading in practice, it is also a fundamental issue to reduce the disputes arising from the delivery of goods and payment settlement in trade. This paper reviews the different expressions and variations of the bill of lading in relevant conventions and different domestic laws and analyzing the provisions or presumed meanings of the document of title. Based on the various functions of the bill of lading in transportation and trade, it further emphasizes that the dual legal nature of the document of title is mainly for delivery requests and constructive possession of goods. The correction of deviation regarding the implication of document of title in the Chinese context, especially the controversy about the bill of lading as a document of property and the document of debt, and the further clarification of legal nature of a different bill of lading in particular application stage could be obtained.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Reconsideration of the Bill of Lading as a Document of Title
AU  - Zeng Luling
AU  - Jiang Zhengxiong
AU  - Ren Lvzhen
AU  - Yang Chaoyang
Y1  - 2022/02/09
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220501.18
DO  - 10.11648/j.ijls.20220501.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 66
EP  - 72
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220501.18
AB  - The bill of lading is a primary transport document generally signed by or on behalf of the carrier by sea. Because of its comprehensive characteristics, it also plays an important role in the field of international trade. It is widely treated as a document of title in maritime law research and legal practice, but as to the specific meaning of the document of title, there is no accurate and universally accepted interpretation. It is an academic topic left to scholars to discuss. With the changes in the form of bills of lading in practice, it is also a fundamental issue to reduce the disputes arising from the delivery of goods and payment settlement in trade. This paper reviews the different expressions and variations of the bill of lading in relevant conventions and different domestic laws and analyzing the provisions or presumed meanings of the document of title. Based on the various functions of the bill of lading in transportation and trade, it further emphasizes that the dual legal nature of the document of title is mainly for delivery requests and constructive possession of goods. The correction of deviation regarding the implication of document of title in the Chinese context, especially the controversy about the bill of lading as a document of property and the document of debt, and the further clarification of legal nature of a different bill of lading in particular application stage could be obtained.
VL  - 5
IS  - 1
ER  -

Copy | Download