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Introduction
Bill of Landing is used by the carriers to the shippers in the area of international transaction. It is broadly used by the international exchangers when they carry out international transactions no matter what type of payment methods such international exchangers adopted during the process of international transactions because the bill of landing is an evidence issued by a third party to record the key matters of the transactions.
Purposes of Using Bill of Landing and Its Importance
The bill of landing is generally used by there main purposes such as evidence of contracts, confirming the conditions of products, the natural of free transferable paper. These purposes of the bill of landing would reflect the importance of such type of paper.
Evidence Contracts
One of the basic purposes of the bill of landing is to be the evidence of the contracts between the consigners which always be the exporters and consignees which are the foreign consumers of the transaction. No matter what type of the bill of landing used by the parties involved in the transactions, it contains the words related to the legal articles used in the contracts reached based upon the agreements of the parties involved in the international transactions. Especially for the long form of bill of landing issued by the carriers, it always contains all the terms of the contract of carriage.
Confirming Conditions of Products
During the process of international transactions of goods, it would not be possible for the foreign importers to send their agencies to check the conditions of goods before shipping. These tasks are always done by the carriers when they shipping the goods from consigners. Therefore, the carriers use the bill of landing to record the conditions of products before shipping because such records in the bill of landing will determine the distribution of liabilities in case that some defaults are found by the consignees in the import ports. Based upon the agreements reached by the parties, the records of conditions of products in the bill of landing before shipping and applicable law, who should be liable for the defaults of the products would be clear among consigners, consignees and carriers.
Nature of Free Transferable
Not as the same as other negotiable instruments, the transfer of the bill of landing will not affect the ownership of the products shipped by the carriers during the process of international transactions. The usage of bill of landing is not to determine the title of goods of the products otherwise evidencing the transactions between the importers and exporters although it is restrictive to the carriers. In this case, both the importers and exporters will not be worried about the decrease of ownership during the process of transferring the bill of landing.
Conclusion
In conclusion, the bill of landing is very important as it to the international transactions between the parities in different countries. With the nature of free transferable, the bill of landing could evidence contracts between the parties involved in the transactions as well as confirming the conditions of products before shipping which will determine the distribution of liabilities in the case that any default found by the consignees. #p#分页标题#e#
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