On the release of goods without Presentation

t obligation is the claimer having the ownership of goods when the act of tort occurs is wrong.[30] Because the right of possession is a kind of real right, once it can constitute the four essentials of act of tort, the holder of B/L can also investigate and affix the responsibility to carrier for infringement of physical possession.
The holder of B/L can claim not only the responsibility of breach of contract but also the responsibility of torts, so it constitutes the concurrent of claim. Namely, one fact is in conformity with several essentials of norm of claim. The holder of B/L can choose the most profitable cause of action to sue according to the differences in the respect of imputation cause, burden of proof, prescription, essentials, form of responsibility, jurisdiction, applicable law, and so on.
(b). The holder of B/L can sue the person taking delivery without B/L:
The cause of action one: “torts”
The reason is as aforesaid, moreover there is no any contractual relation between the holder of B/L and the person who takes delivery without B/L, so the cause of action is tort unequivocally. In the light of the dominated view in civil law academic and practical circles, the causation of tort should adopt the doctrine of appropriate causation, that is to say, “if only one fact possessed, according to the social common experience, it will result in the same result as the fact of damage.”[31]
The cause of action two: “undue enrichment”
When discussing the responsibility attribution of releasing of goods without B/L, people always take into consideration from the aspect of tort and breach of contract, but never give any attention to the debt of undue enrichment which may be constituted. The definition of “undue enrichment” is that having no legal basis, the beneficiary acquires the interests while jeopardizes the interests of the other people.[32] The essential of constitution are as follows:
i). Acquiring the interests in property: Taking delivery from the carrier will add up to the property of the person who delivers without B/L positively.
ii). Jeopardizing the interests of the other people: The property of the holder of original B/L is reduced negatively because of the delivery of goods by the person without B/L.
iii). The existence of causation between acquiring the interests and being prejudiced: The theory of civil law divides the undue enrichment into types: undue enrichment of pacare and undue enrichment of non-pacare. While the undue enrichment of non-pacare can be divided into three types: undue enrichment on act, undue enrichment on legal provisions and undue enrichment on natural events. While the undue enrichment on act is constituted by three types of act, namely, the act of the person who is prejudiced, the act of beneficiary and the a

ct of the third party.[33] The damages in property of the holder of original B/L should be the result of the joint act of beneficiary and the third party.
v). Having no cause in law:
It’s absence of cause in law that the person who takes delivery of goods which should belong to the holder of original B/L.
It also forms the concurrent of the claim of undue enrichment and real right for the holder of B/L. But different from the concurrent of the tort and contract action in which the obligee can choose to exercise, there are two doctrines in the theory of civil law about the validity of the concurrent. The first one

《On the release of goods without Presentation(第8页)》