You are here： >> Electronic bill of lading issue >> The body ofElectronic bill of lading issue
Sources of information：未知Release time:2017-02-27 15:02 Reading times：次I would like to comment
Electronic bill of lading is through telecommunications transmission of electronic data relating to the contract of carriage of goods by sea. With computer technology and transport of goods by sea, especially the rapid development of container transportation, the increasingly widespread use of electronic bills of lading. Due to the delayed legislation, there are no legal provisions on the mandatory electronic bill of lading, electronic bill of lading applicable mandatory law relating to bills of lading. Claims and rights in rem of Bill of lading relationship begins in a bill of lading issued Bill of lading issued in the legal system are of fundamental significance, electronic bill of lading is the same. In the case of no explicit statutory requirement,electronic bills of lading issued under the present legal system faces legal issues, theory and practice.
Written form
Generally speaking, the issue refers to the traditional sense of a paper bill of lading issued from context analysis, refers to the Bill of lading issued and delivered. The issuance of bills of lading will have certain legal consequences, so the issue is acivil legal action. Different from the General civil legal act, Bill of lading is issued aspecial civil juristic acts, only have legal effect to the provisions of. 71st CMC provides the essential characteristics of a bill of lading, that Bill of lading is evidence ofthe contract of carriage of goods goods receipts; the credentials for the deliveryof the goods. Information recorded by electronic bill of lading is completely consistent with the essential characteristics of a bill of lading, electronic bill of lading is issued shall be subject to the mandatory law of the Bill of lading. 71st CMC provides that the Bill of lading is a document from the context analysis, this document is written the 43rd article, telegram, telex and telecopy has validity in writing. Bills of lading in the traditional sense as a paper bill of lading, Bill of lading should have written, this is an electronic bill of lading issued to one of the requirements of. Of electronic bills of lading must have a bill of lading issued to be valid.
Before the promulgation of the law, in accordance with the relevant legislation, inter alia rates combined with the Qing dynasty, a writing is necessary for effective contract in China, in China to the United Nations Convention on contracts for the international sale of goods on the contract form of reservations also underlined China's legislative orientation on contract writing. The enactment of the law of contract,contract changes in legislation of the written form requirement, tenth of the Act provides that the parties enter into a contract, written, oral or other forms. Laws, administrative regulations or the parties agree in writing, shall be in written form. The11th article of contract law to explain what is written, which refers to the contract, letter or electronic message in written form, including telegram, telex, fax, electronic data interchange (EDI) and content contained in email can be a tangible manifestation of form. So far, electronic data interchange as a form of writing was finally recognized in legislation, issuing bills of lading by electronic data exchange in contract law is based on fact. According to the principle of lex specialis derogat, electronic bill of lading is issued shall apply the provisions of the law, 43rd CMC articles, telegrams, telexes and faxes are written authentic only, and leave appropriate legalspace for electronic data interchange, which can be understood as electronic datainterchange does not have a written form of dispute. From the analysis of legislation, seems to think the article 43rd CMC electronic data interchange as a form of contract is not specified, you can apply the General provisions of contract law, to make up for the lack of maritime law, if this understanding is correct, legal backing to the electronic bill of lading is issued a written form.
Of course, in the maritime code of an issue not specified, and the correspondingprovisions of contract law should be applicable when the contract law controversy,namely the contract law provisions relating to electronic data interchange can be used as a form of contract changes bills of lading the written form requirement theunsettling, in order to avoid disputes the need to further explore the electronic bill of lading is writing. Throughout the contract Act, the legislative purposes of maritime law, law of contract (Bill of lading) written form requirement is based on the following two main needs: 1, giving evidence to the contract form. As evidence in written form and clear rights and obligations between the parties, to avoid possible disputes, as provided for in paragraph 78th CMC, between the carrier and the consignee, the holder of the rights and obligations, according to the provisions of the Bill of lading. 2, to facilitate the transfer and circulation of bills of lading. As an important international trade and transport documents, liquidity is the first requirements of the Bill of lading, 79th CMC provides the transfer of a bill of lading, way the transfer is in writing this Bill of lading is vectors and basis.
1990 of the CMI rules for electronic bills of lading (hereinafter referred to as the rules for electronic bills of lading), although civil rules for parties voluntarily to adopt, but at present electronic bills of lading practice and using the rules as a guide,influential. According to the rules, carrier in received checked people provides of goods zhihou should according to checked people description of electronic address give checked people received goods of received telecommunications notification, notification including checked people of name, and goods of description (containing goods of description and retained, like for issued a written bills of lading by needs of as), and received goods of locations and date, and transport terms and future for contact of password. The content and written bills of lading of content basic consistent, to electronic data of form store Yu computer in the, available human language in screen Shang displayed or by computer print; in delivery Qian of any when, electronic bills of lading holds people has to carrier asking for written bills of lading of select, carrier also has to electronic bills of lading holds people issued written bills of lading of select; holds people can in any when requirements carrier sent a copies print of received of news pieces. Electronic bills of lading holds people if to figure transfer bills of lading Shi, can notification carrier, by carrier be confirmed, carrier will bills of lading content told developed of by let people, if by let people accept transfer, is by by let people be confirmed, Hou by carrier issued new password to by let people, by let people accordingly password on mention single Xia goods enjoys dominated right, now a separate of bills of lading transfer behavior completed, certainly above of contact and confirmed are to electronic data exchange of form for. May 4, 1997, enacted the provisions of the administrativemeasures for maritime container transport of electronic data interchange, electronic bill of lading data exchange should also be consistent with the maritime container transport of electronic messages instead of the paper bill of lading rules for electronic data interchange and the maritime container transport electronic data interchange message passing and the regulations on the import and export process. Visible, electronic bills of lading data exchange followed must rules, can to tangible form retained, and records on goods and transport of information, and at any time can tangible form copy down, can proved party Zhijian exists of right obligations relationship, its holds people also can through password and electronic data exchange on electronic bills of lading for transfer, so, electronic bills of lading has meet bills of lading written form of function requirements, can considered has written form. So-called is a record on a carrier in writing rather than on the characteristicsof the carrier is to define, issuing the electronic carriers and traditional paper bill of lading information are different, insist that writing should be in paper or similarmaterial as the carrier is undesirable. The maritime container transport management of electronic data interchange is only for rules, but for the use and managementof electronic bills of lading provided the basis, the approach and contract law, compliant with specification of electronic messages and paper documents the sameeffect. Accordingly, the electronic bill of lading issued in writing should be considered.
section navigation
Site recommended
About us | Contact us | Online submission | Using help | Site map | Set as homepage | Add to Favorites
Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311
Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311