The straight bill of lading: development of presentation rule in mainland China and Hong Kong
The straight bill of lading: development of presentation rule in mainland China and Hong Kong
The presentation rule of the straight bill of lading developed indifferent approaches in the jurisdictions of Mainland China and Hong Kong. In the Mainland, the carrier shall not be liable for the delivery of goods without the presentation of the straight bill if he does so according to the shipper’s instruction and the consignee has no cause of action against the carrier for such delivery. Conversely, Hong Kong followed the strict presentation rule confirmed by the precedents of Singapore and UK in which the straight bill of lading is required to be presented for the delivery of goods. These developments indicate the disharmony of the presentation rule of the straight bill of lading. The recently adopted Rotterdam Rules may play an important role for the unification of the presentation rule.
131-147
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
2010
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Zhao, Liang
(2010)
The straight bill of lading: development of presentation rule in mainland China and Hong Kong.
Tsinghua China Law Review, 3 (1), .
Abstract
The presentation rule of the straight bill of lading developed indifferent approaches in the jurisdictions of Mainland China and Hong Kong. In the Mainland, the carrier shall not be liable for the delivery of goods without the presentation of the straight bill if he does so according to the shipper’s instruction and the consignee has no cause of action against the carrier for such delivery. Conversely, Hong Kong followed the strict presentation rule confirmed by the precedents of Singapore and UK in which the straight bill of lading is required to be presented for the delivery of goods. These developments indicate the disharmony of the presentation rule of the straight bill of lading. The recently adopted Rotterdam Rules may play an important role for the unification of the presentation rule.
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Published date: 2010
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Local EPrints ID: 437761
URI: http://eprints.soton.ac.uk/id/eprint/437761
PURE UUID: 53091759-4533-4c54-9e95-051818974dcb
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Date deposited: 14 Feb 2020 17:30
Last modified: 17 Mar 2024 04:01
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