国际运输和保险.ppt

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1、Ch 5 int.transport and insurance,国际运输和保险,outline,in Chinese:本章是买卖合同中卖方或买方权利义务的延伸。本章以货物为连接点，由货物买卖合同转向运输合同，保险合同，论述了不同当事人在不同法律关系中的权利义务关系。,1,提单专题 the bill of lading,the definition:please see the guos materials at 100 outline:1,the international transport of the sale of goods1,1 the bill of lading1,2 the

2、 function and legal feature of the bill of lading,1,1方法The methods of the study,the definition of the B/LThe function The samples of the B/L and the difference of disputes.Case study in practices,1,2定义The definition of the bill of lading,the definition:please see the guos materials at 100 Under the

3、China law of maritime,the bill of lading means that the document is issued by the carrier to certify that the goods are transported by the carrier.It is an important evidence of the transportation contract.,1,3提单原因the reasons,1,路途远2，公海运输风险大3，便于索赔,1,4法制形式the legal forms of B/L,in the sections,the two

4、 styles of the B/L to regulate the B/L the domestic laws and the int.laws 国内法和国际法渊 in China,the domestic laws are the maritime and the procedure laws international treaty and the customary laws,2,the B/L function and styles and the contents,in Chinese:职能和类型 作用和特征权利和义务及内容,3,功能The function of B/L,Firs

5、tly,A,the bill of lading is the contract evidence of ocean transportation to certify the contracts Eg,the contracts for the parties of sale goods and the contracts of transportation if the disputes,cont.,Here there are two different contracts of the international sale of goods.One is the contract of

6、 international transportation that is signed by the carrier and buyer or seller.The other contract is the bill of lading under the contract,货物合同及运输合同,cont.,the parties of the issuing the bill of lading is only issued by the carrier.If the bill of lading is received by the seller or the third party,t

7、he contracts is signed among the parties.签发者？,cont.,secondly,B,the bill of lading is the evidence of transport by the carrier and the contents of goods.运输证据,案件分析Case study,facts in brief:In the case of the international sale of case,the parties of the international sale of goods under the contracts,

8、the buyer is a company to sale goods and sign another contract to sale the goods.Under the international contract,the third parties have not received the goods and the fee of goods is paid.,cont.,A and B.If the disputes among the parties,for the seller of goods contracts are available to enforce the

9、 contracts.the evidence for the transports.对第一买卖合同和运输合同有效.,4类型,the styles of B/L,Under the different criterion of the classifications,there are different styles of the bill of lading.the criterions of classifications:weather the goods carried or not,the the date of L/B issued,weather negotiable or n

10、ot,and the notes for the parties.,到签提单antedated B/L,definition of antedate B/L.the date of issuing L/B is earlier than the practical date for the parties.it is very serious activities for the parties.1What is the antedated bill of lading?The antedated bill of lading means that the date of the issued

11、 by the carrier is early rather than the fact of the shipment.1 see Yu jinson,International Economic Law,Peiking university press,2001,93-94.,5,the obligation for the carrier,the exemption of obligationBear the obligation for evidence.If there is client for the carrier,the obligation is the same as

12、the carrier.Joint obligation of compensation.,the rights of carrier,checked the goods by the notes.Receive the goods for the transports and the making a lawsuit against the parties fail the fees of delivery.Dealing with the danger goods which injure the other goods in the same goods.the discharge th

13、e good in the next port.,6,Summary,the function of L/B the styles of L/B,especially the antedated L/B,the rights of parties,the obligation for the carriers the rights for the carrier,how to claim in practice,under the international transportation of the international trade,how to claim and how to decide the parties of the international trade practice in these disputes?,translation in Chinese,本案件涉及修改合同未及承运人，如何承担责任？,7,Summary,the BL ABC and the function for the how to claim under the IELThe case study for the partiers,