Shipper’s right of suit against the carrier after assignment of bill of lading
GUO Yu
Whether the shipper can bring an accusation against the carrier after the assignment of bill of lading is one of the acutely controversial issues in judicial practice.Maritime Code of the People’s Republic of China provides that the holder of bill of lading could make an accusation against the carrier directly,but it does not provide that the shipper could no longer indict the carrier.The shipper is one party of the contract of carriage of goods by sea,his right of suit should not be arbitrarily deprived of without legal grounds.According to Chinese civil law,the right of suit of the shipper and the holder of bill of lading could go hand in hand.That the shipper has the right of suit is in line with common international practice,and is conducive to balancing the interests of the carrier,the shipper and the holder of bill of lading.
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