英文摘要 |
According to information disclosed in the judgment of the Supreme Court in ''Xianglong Case'', there are three problems: from the perspective of the statement, there are contradictions in the content of the judgment; from the perspective of the logic, it confuses the legal relationship between the parties; from the perspective of the result, it is obviously unfair to the consignee. In terms of the problems existing in the judgment, this paper puts forward four aspects of the query. One is whether the shipper and the consignee are deservedly bound by the incorporation clause regarding to the payment. The second is whether the consignee is deservedly bound by the incorporation clause regarding to the possessory lien. The third is whether the carrier will lose the claim to take delivery of goods against the consignee when the incorporation clause in bill of lading is determined to be invalid. The fourth is whether the carrier still has the right of lien when the consignee does not have the obligation to pay the freight. In view of the logical problems existing in the judgment, this article sorts out the rights and obligations between the two parties again and finally comes to the conclusion of the trial which should have been drawn out. This paper also compares the ''Xianglong Case'' with other cases of the same type. |