Shipper's title to sue after the transfer of the bill of lading: A comparative study for the reform of Chinese Maritime Law

Jiang, Tianyi ORCID: https://orcid.org/0000-0002-3532-6663 and Jing, Zhen 2017. Shipper's title to sue after the transfer of the bill of lading: A comparative study for the reform of Chinese Maritime Law. Journal of Maritime Law and Commerce 48 (2) , pp. 155-182.

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Abstract

Cargo interests’ title to sue the carrier to recover loss or damage caused by the carrier’s default is a crucial issue in carriage of goods by sea. However, the current maritime code in China does not provide explicit guidance on this issue. One significant problem that arises therefrom is whether the shipper who has transferred the bill of lading to the endorsee/consignee is still entitled to sue the carrier. This article critically examines the current rule under the Chinese Maritime Code 1993 and pinpoints the fundamental loophole that gives rise to the aforesaid problem. In addition, based on reviewing various solutions provided by other jurisdictions, this article discusses the possible solution that could be considered when reforming current maritime law in China

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics Law
Publisher:	Anderson Publishing Co.
ISSN:	0022-2410
Date of First Compliant Deposit:	12 January 2020
Date of Acceptance:	1 April 2017
Last Modified:	07 Nov 2024 05:00
URI:	https://orca.cardiff.ac.uk/id/eprint/128442

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