In the international carriage of goods by sea, the Delivery Cargo without Original Bill of Lading universally exists. There are lots of divergences on whether actual carrier can be the subject of responsibility. How to recognize the actual carrier and investigate its responsibility? The legislation is incomplete, and the handlings of the maritime court are not entirely consistent. Above all, the issue whether the actual carrier has the obligation of delivery is the focus in the discussion of academic circles. It also comes down to issues on the responsibility nature and scope etc. of actual carrier. In order to preferably guarantee the legitimate right of parties in carriage of goods by sea, ensure that cargo owner can effectively exercise rights for claiming, it is quite necessary to strengthen the study on the system of actual carrier.
The international carriage of goods by sea to exist in only put the goods without behavior, the actual carrier whether can not only put the goods as the main responsibility, and in theory have many differences. How to identify the actual carrier, the carrier's liability shall be investigated for actual how? The legislation is not perfect, the maritime court of the processing also not identical. Especially if the actual carrier has the obligation of delivery problems, is the focus of the academic discussion, also related to the actual carrier responsibility nature, scope, in order to better protect the carriage of goods by sea legal rights to ensure goods can be effectively exercise of the right of claim, to strengthen the study of the system of the actual carrier is very necessary.