船荷証券の元地回収と荷受人の運送品引渡請求 : いわゆるサレンダーB/Lについて

概要

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In Japan, when we encounter the "B/L crisis", we use a sea waybill as a measure against this inconvenience, and in addition to this measure, we surrender the B/L immediately to the carrier in the place of issue. In this paper, I will describe the legal status of a shipper when an order B/L is surrendered to the carrier. The question which we must consider is where a shipper has the right to dispose of the cargo in this situation. In Japan, an order B/L has the function of a Sperrpapier, so we can arrive at the conclusion that the legal status of the shipper is the same before an order B/L is issued when an order B/L is surrendered immediately to the carrier at the place issue. This result leads us to the conclusion that the consignee has the right to claim the cargo.
京都外国語大学の論文