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Shanghai High Court concerning the trial of foreign goods without law applicable to disputes relating to recognition, answers to questions and the proof of foreign law
--International recognition without Bill of lading disputes
No Bill of lading disputes, foreign identification purposes
No Bill of lading disputes on foreign recognition is based on case law, as well as the identification of the major legal issues in order to accurately quoted the conflictrules to determine the law should be applied to resolve the dispute.
Second, the identification of causes competing
When no Bill of lading disputes involving foreign elements there is concurrence ofcause of action, plaintiff was entitled to select the cause of action, the Court shall,according to the prosecution, the selected cause or trial before the end of the debate ultimately determine the causes of action are identified. For example, breach of contract and tort causes of action competing facts, the plaintiff pursuant to section 122th of contract law of China made to the cause of choice, the Court should respect their choice. If the interpretation by the Court, plaintiffs insist no choice for cause, the Court may, according to the basic law, namely the international carriage of goods by sea qualitative identification of contract dispute, can also be based onthe common facts of infringement, the characterization of the case without Bill of lading for the international carriage of goods infringing compensation disputes, andrecognition.
Third, the plaintiff's false choice when the cause of action recognition
When no Bill of lading disputes involving foreign elements there is no concurrenceof cause of action, the Court shall be carried out according to the legal system and the legal concept of recognition, and not be restricted by the plaintiff. For example only breach, tort cause of action the plaintiff sued the carrier delivery of goodswithout, the Court should exercise its interpretation, guide changes cause the plaintiff, plaintiff can't change cause of action should be based on consideration of therecognition of the Court.
Four, when there was no Bill of lading holder sued the carrier identification
Holder of Bill of lading, including Bill of lading shipper and legitimate access to letthird party Bill of lading, suit without Bill of lading by the carrier, their right to choose the cause of action, the Court should identify the cause of their choice.
1, the Bill of lading holder to require the carrier to take the international delivery of goods without liability for breach of the contract of carriage of goods by sea, such disputes contract disputes, according to China's maritime section No. 269 of contract law, and 126th, 145th article of the General principles of civil law to determine the applicable law to be applied.
2, Bill of lading holder to require the carrier to take on international carriage of goods without Bill of lading liability, foreign-related disputes, should be based on general principles of the civil law section 146th determines the applicable law to be applied.
Five, holder sued the carrier's Bill of lading fraud identification
When the carrier and delivery people, bond issuers, such as maliciously and fraudulent exploitation of Bill of lading, such as repeated checking, deliberately wrong delivery, delivery of the goods without purpose is to defraud a shipper's goods, Bill of lading holder has the right to select the cause, the Court should identify the cause of their choice.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311