On the release of goods without Presentation

t deliver goods to the holder of straight original B/L, so he shouldn’t undertake the responsibility for releasing of goods without named B/L.[12]
Actually, all the views above are partial. In my view, although the
straight B/L can not be assigned, it is still the title of document and basis of releasing of goods. Merely, it is effective to the person named in B/L. Moreover, in according to provision 78 of 《Maritime Law of PRC》 “The relationship between the carrier, consignee and the holder of B/L with respect to their rights and obligations shall be defined by the clause of B/L”. So only if the consignee dominated in straight B/L is the lawful holder of B/L, the contract of carriage by sea between the carrier and consignee could be tenable. In addition, from the judgment of “LaiWu Aidi biochemistry Limited company V HaiCheng BangDa international agent of ship and goods Ltd company”[13], we can draw the conclusion that if the consignee of named B/L has not pay the issuing bank to redeem of documents, the carrier’s act of releasing of goods without B/L will jeopardize the interest of the shipper. Therefore, the view above that the named B/L could be the defense against the responsibility of releasing of goods without B/L is not tenable.
III. The limitation of period of responsibility as the defense: The period of responsibility of the damage or loss of goods in 《Hague Rules》is “hackle to hackle” or “rail to rail”. While the out of releasing of goods without B/L usually happens on the shore, so many shipowners in practice usually present the fact that his obligation of caring for goods is

merely from loading to discharging the goods as the defense. There was one case in the House of Lords: Chartered Bank V British Steam Navigation (1909) A.C.396, It was said: “…in all cases and under all circumstances the liability of the company shall absolutely cease when the goods are free of the ship’s tackle, and thereupon the goods shall be at the risk for all purpose and in very respect of the shipper or consignee.”[14] In my opinion, releasing of goods with original B/L is determined by the legal character of B/L as the says above. While the carrier’s loading, handling, stowing, carrying, keeping, caring for and discharging the goods carried properly and carefully is the mandatory provision for him. Both of them are two different obligations the carrier should undertake. And there is no legal provision regulating that the former should be restricted by the latter. So the limitation of period of responsibility could not be the defense of releasing of goods without B/L.
3. The responsibility attribution and exertion of legal capacity to sue of releasing of goods without B/L[15]——the criticism to the “doctrine of breach of contract”. “doctrine of tort”. “doctrine of concurrent”.

In recent years, the problem of the responsibility attribution has become the focus of controversy among the parties in lawsuit, the forward position hot spot of academic circles in maritime law and the difficult spot of equivalent case the court tries.
The different qualitations to the act of releasing of goods without B/L have direct relationship with both the ascertainment of the parties’ rights and duties and the result of litigation. The judicial and academic circles views are as followed:
a. “doctrine of breach of contract”: On one hand, delivering the goods to the person who has the right to own is one

《On the release of goods without Presentation(第4页)》