碩士 / 國立臺灣海洋大學 / 航運管理學系 / 99 / In practice of international trade and maritime transportation, besides making the contract of carriage by the parties, the most important issue is the impplication of bills of lading, and then the overseas commerce of credit transations should be done through the banks. In tramp shipping sector, shipping companies gain not only cargo freight, but also the charter hire by time charter-out vessels; thus, charter chains was formed, which composed of various operating modes. In practice, after issuing charterparty bills of lading, then transferred to the third legal holder by endorsement, whether the owners or the (timecharterer or voyagecharterer) charterers have to bear the responsibility of carrier arised from charterparty bills of lading, often resulting in significant disputes. This article reviewed the clauses on front and back side of B/L through the law and case studies, and discussed the relationship among the shipowner, charterer and bills of lading holders. Basis shipping experience, through the experts consultation, summarizes market operation system to discuss the issuing and circulation of charterparty bills of lading; also, seeking the opinion from BIMCO on this issue. We cordoration workable and feasible method; hopefully it can become a practical impplication of charterparty bills of lading as the basis for tramp shipping services. This article discovered following:
1. Under charter chains, the master is the dual agent of shipowners and charterers, who bears duty of commercial active and navigation.
2. When charterers sign and isse charterparty bills of lading by their name, they have causes exemption same as shipownes against 3rd parties.
3. The suggestion for modification of clause of bills of lading, to improve the identification of the carrier on bills of lading, whch depends on bargin power of berth parties.
| Identifer | oai:union.ndltd.org:TW/099NTOU5301076 |
| Date | January 2011 |
| Creators | 林信彰 |
| Contributors | Cheng-Chi Chung, 鍾政棋 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 46 |
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