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1、Chapter 6 Transportation& Marine Insurance一1.The 1921 Hague Rules (The Brussels Convention of 1924)-the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading Brussels August 25th 1924 Effect: 2nd June 1931二PROTOCOL TO AMEND THE INTERNATIONAL CONVENTION FOR
2、THE UNIFICATION OFCERTAIN RULES OF LAW RELATING TO BILLS OF LADING SIGNED IN BRUSSELS ON 25AUGUST 1924 (VISBY RULES) Brussels, 23 February 1968 Come into force , 23th June 1977 Member states:29, including the main states concerning shiping三1978 - United Nations Convention on the Carriage of Goods by
3、 Sea - the Hamburg Rules Adopted :on 31 March 1978 entered into force on 1 November 1992 be prepared at the request of developing countries四1. The Bill of Lading（P617页）An instrument issued by an ocean carrier to a shipper that serves as a receipt for goods shipped, as evidence of the contract of car
4、riage, as a document of title for the goods. a bill of lading showing among other things: (a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown cl
5、early upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage. (b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by
6、 the shipper. (c) The apparent order and condition of the goods. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a), (b) and (c). (Hague Rule) However, proof to the contrary shall not be admissible whe
7、n the Bill of Lading has been transferred to a third party acting in good faith“ (Visby Rule) The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnity the carrier
8、 against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.五Different Kinds of Bill of Lading
9、 Straight bill of lading Order bill of lading 。 Direct Bill of Lading Transshipment Bill Of Lading Through Bill Of Lading 。 Clean Bill of Lading。 Clause bill of lading备注：There are two basic types of bill of lading,the straight bill and the order bill.1. A straight bill of lading is a non-negotiable
10、document, made out to a specifically named consignee, from which the steamship company acknowledges receipt of the freight and agrees to move it to its destination. Unlike an order bill, the straight bill does not have to be surrendered to the carrier in order for the importer to obtain possession o
11、f the goods.2. An Order bill of lading is a document that is made out to the order of the foreign importer or its bank, or the order of the export firm, its bank, or another designated party.Title to goods being shipped is given by possession of the bill of lading that bears the exporters endorsemen
12、t. Often, this endorsement is in blank, thus giving ownership of the goods to the person possessing the bill, and therefore making the bill highly negotiable.The order bill of lading is handed over only when the foreign importer has paid for the goods or made acceptable credit arrangements. Customs
13、regulations of most countries specify the number of copies, either negotiable or non-negotiable, of the bill of lading that must be supplied for customs purposes.Some Latin American countries prohibit or otherwise discourage the use of order bills of lading. Therefore the export firm should first ch
14、eck as to the type of bill that is acceptable in the country to which it is planning to ship its goods.For each shipment, two or three negotiable or signed bills of lading are usually issued, plus as many more non-negotiable copies as may be required. The latter are clearly marked non-negotiable. Wh
15、ere these bills have to be presented in duplicate or triplicate at the Customs of the foreign country, it is usual to supply one negotiable copy with each set of documents, plus as many non-negotiable copies of the bill of lading as are required.The foreign importer will require a negotiable bill of lading and related documents to clear the goods through Customs. Therefore, the exporter, or its bank, should either forward them on the same ship that carries the goods or send them in advance by airmail. If the necessary papers for clearance are not available or arrive late, severe p
