TY - JOUR

T1 - Shipper’s title to sue after the transfer of the bill of lading

T2 - a perspective to reform Chinese maritime law

AU - Jiang, Tianyi

AU - Jing, Zhen

PY - 2017/4

Y1 - 2017/4

N2 - 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.

AB - 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.

M3 - Article

VL - 48

SP - 155

EP - 182

JO - Journal of Maritime Law and Commerce

JF - Journal of Maritime Law and Commerce

SN - 0022-2410

IS - 2

M1 - 12

ER -