碩士 / 東吳大學 / 法律學系 / 100 / In practice of international trade and maritime transportation, the shipping companies commonly use the bills of lading as the right tool for the transportation of goods. Because it has the effect of real right, it will help the buyer for the second trading. However, due to the large vessels have appeared and parked during relatively shorter, based delivery of lading is still at negotiating bank audit period. The goods which already delivered to the port of destination may cause additional expenses; furthermore, the costs associated growth and the problems on the delivering cargoes without presentation of straight bills of lading are worse. Consequently, at practice, not-transferable sea waybill is developed.That bill is the ring as one of the important international trade. Compared with the advanced countries, such as the United States and Britain, provided the legislative technical and content about sea waybill, our maritime law is utterly silent. For this reason, the range and purpose of the research in this thesis is to observe and compare with the international conventions and foreign theories, in order to make the rules conform to justice.
There are six chapters in this article. Chapter 1 mainly disscuss the problems of sea waybills and define the scope of this article covered with the contents throughout the chapters. Chapter 2 introduces the way of transporting goods by sea and clearly positioning sea waybills role in maritime document system to distinguish different bills of lading and telex release. Furthermore, from the view of the geographical environment and industrial development of Taiwan and mainland China, this chapter points out the importance of sea waybills in our shipping. Chapter 3 illustrates the “1996 Uniform Rules for Sea Waybill” and “Uniform Customs and Practice for Documentary Credits 600.” According the contents, it is highly possible to contemplate international shipping and trade-oriented, restore and resolve the role of the original sea waybills and future trends, and propose the lack of international treaty. Chapter 4 discusses from the carrier, shipper and consignee tripartite explore, trying to find the contractual justice and fair between the parties. In addition, there is the basic rule of privacy of contract in the Anglo-American legal system to be introduced, the quoted by foreign cases quoted and analysis. Chapter 5 reviews our legal regimes. Because there are no general rules about sea waybills in Taiwan, how to apply is serious problem when it comes. Therefore, “the Hague Rules”, “the Hague-Visby Rules”, and “the Hamburg Rules and the Rotterdam Rules”play the pivotal role in the article.There is room for interpretation of applicable of sea waybills. Finally, Chapter 6 is the conclusion. It generalizes all points in this article. On the balance point of doctrine and practical operation, we try to reviews our maritime law and its amendment to bring up more reasonable suggestions to make a summary of this thesis.
| Identifer | oai:union.ndltd.org:TW/100SCU05194115 |
| Date | January 2012 |
| Creators | Tun-Kai Hsu, 許敦凱 |
| Contributors | Tsung-Jung Liu, 劉宗榮 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 132 |
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