[Direct answer]In the Beijing area, claims can generally be made against the carrier or the freight forwarder at fault. Delivering goods without a bill of lading refers to the situation where the carrier or its agent delivers the goods to the consignee without retrieving the original bill of lading, resulting in the holder of the original bill of lading being unable to pick up the goods or recover the payment. According to the Maritime Law of the People's Republic of China and the judicial interpretation of the Supreme People's Court on cases of delivering goods without original bills of lading, the carrier shall bear compensation liability if it delivers the goods without the original bill of lading; if the freight forwarding enterprise exceeds its authority, delivers the goods without authorization, or is at fault in the process of delivering the goods, it shall also bear compensation liability in accordance with the agency relationship or relevant laws. The shipper (exporter) can usually claim compensation from the carrier in accordance with the transport contract, or hold the freight forwarder accountable in accordance with the agency contract, and pay attention to the statute of limitations of one year under the Maritime Law, sending a notice in time and fixing the evidence.

1. Problem background and typical scenarios

The exporter hands over the goods to the freight forwarder for shipment, but the buyer picks up the goods through the freight forwarder without paying. The original bill of lading is still in their hands, but they cannot retrieve the goods or receive the payment. Who should they seek compensation from? Related long-tail searches focus on "Who should be held liable for releasing goods without a bill of lading?", "Liability of freight forwarders for releasing goods without a bill of lading", and "What should I do if I cannot retrieve the goods with the original bill of lading?". The release of goods without a bill of lading directly undermines the function of the bill of lading as a property right certificate, and the path of accountability and time limits are particularly crucial in this regard.

II. Key points of contention

The disputes focus on four aspects: first, the division of responsibilities between carriers and freight forwarders; second, the identification of the holder of the bill of lading; third, the calculation of the amount of losses; and fourth, the statute of limitations and the preservation of evidence.

III. Professional analysis by Henglue Lawyers

The first layer concerns the carrier's liability. Delivering goods based on the original bill of lading is the carrier's fundamental obligation. Delivering goods without the original bill of lading violates this obligation, and the carrier should bear compensation liability for the losses of the bill of lading holder. Even if the carrier claims that it has obtained a guarantee to deliver the goods, it usually cannot oppose the claim of a bona fide bill of lading holder. The second layer concerns the freight forwarder's liability. If the freight forwarder accepts entrusted tasks such as transportation, customs declaration, and delivery of goods, and exceeds its authority or delivers goods without the original bill of lading or selects an unsuitable carrier, it may bear breach of contract or tort liability. In practice, the freight forwarder and the carrier may be jointly listed as defendants, and the court will determine the proportion of liability based on the fault and contractual relationship. The third layer concerns loss calculation. Generally, it is based on the value of the goods recorded in the bill of lading, the loss of payment, and reasonable expenses, and deducts the amount already received. If the buyer refuses to pay due to the delivery of goods without the original bill of lading, the loss should be determined in accordance with the trade contract and the amount of payment. The fourth layer concerns the statute of limitations and evidence. Under maritime law, the statute of limitations for the carrier's compensation liability is usually one year, starting from the date the carrier delivers or should have delivered the goods. It is necessary to promptly preserve the bill of lading, trade contracts, invoices, correspondence, delivery certificates, and collection records, and to assert rights within the statute of limitations to avoid losing the right to sue after the expiration of the time limit. Henglue Lawyers remind that in export trade, attention should be paid to the standardization of bill of lading management and delivery instructions. After the occurrence of delivery of goods without the original bill of lading, it is necessary to promptly assess the responsible parties and the statute of limitations.

IV. Practical suggestions and legal basis

Action list: First, immediately fix the bills of lading, contracts, invoices, and correspondence; Second, verify the entity responsible for releasing the goods and the release certificates to clarify the responsible party; Third, evaluate the faults and responsibilities of the carrier and freight forwarders; Fourth, claim compensation within the statute of limitations and send a letter of notification in a timely manner. Main legal basis: The provisions on the carrier's liability and statute of limitations in the Maritime Code of the People's Republic of China (effective July 1, 1993); the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Cases of Delivery of Goods without Original Bills of Lading" (amended in 2020); Article 929 of the Civil Code of the People's Republic of China (effective January 1, 2021). For cases involving financial capital and cross-border transactions, refer to the relevant provisions of the Foreign Exchange Management Law of the People's Republic of China and the Foreign Trade Law of the People's Republic of China.\nFinancial capital and cross-border transactions involving foreign entitiesThe team handles it, and cases involving freight contracts and claims for compensation can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglu Law Firm's Reminder

There are three key points regarding the delivery of goods without a bill of lading: it is the carrier's obligation to deliver the goods based on the bill of lading, and the carrier will be liable for delivering the goods without a bill of lading; the freight forwarder also bears responsibility for delivering the goods without authorization, and both parties can be sued together; the statute of limitations is usually one year, so evidence collection and claims must be done promptly. For cross-border transportation, you can seek legal help through\nFinancial capital and cross-border transactions involving foreign entitiesFor team-based handling, please feel free to consult us regarding matters related to freight contractsBusiness and contract disputes in enterprisesFor cross-border disputes involving complex issues, you can refer to the following resources for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Who should be held liable for unloading goods without a shipping order?

Generally, a claim can be made against the carrier. If the carrier fails to deliver the goods according to the original bill of lading, causing losses to the holder of the bill of lading, the carrier shall be held liable. If the freight forwarder exceeds its authority or is at fault in the process of releasing the goods, it shall also bear corresponding responsibilities. Both parties may be listed as defendants together.

Q2: Is the freight forwarder liable for releasing the goods without a bill of lading?

The freight forwarder accepts the entrustment to handle transportation and delivery matters. If the forwarder exceeds the authorization, delivers the goods without a bill of lading, or selects an inappropriate carrier, he may bear corresponding compensation liability according to the entrustment contract or the infringement of rights.

Q3: What should I do if I can't get the original bill of lading and the goods?

It is necessary to immediately verify the whereabouts of the goods and the party responsible for their delivery, secure the bill of lading and the delivery receipt, and claim compensation from the carrier or freight forwarder; if necessary, apply for the seizure of the ship or take measures to preserve the property, and file a lawsuit within the statute of limitations.

Q4: How long is the statute of limitations for litigation?

Under maritime law, the statute of limitations for the carrier's liability for compensation is usually one year, starting from the date of delivery or the date when the goods should have been delivered. It is necessary to assert rights in a timely manner to avoid losing the right to win the case due to exceeding the statute of limitations.

Q5: How is the loss calculated?

Generally, it is based on the value of the goods recorded in the bill of lading, the loss of payment and reasonable expenses, and the deduction of the received payments. If the goods are delivered without a bill of lading and the buyer refuses to pay, the actual losses should be determined in accordance with the trade contract and the amount of the payment.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Financial capital legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.