最高人民法院关于审理无正本提单交付货物案件适用法律若干问题的规定（中英版）

     Article 5    If a person uses a forged B/L for collecting goods from a carrier, the consignee that holds the original B/L may request the carrier to bear the civil liability for delivery of goods without the original B/L.

     Article 6    The amount of compensation for the loss caused by a carrier to the holder of an original B/L due to delivery of goods without the original B/L shall be calculated based on the value of the goods plus freight and insurance expenses when the goods are shipped.

     Article 7    If a carrier is obligated, according to the provisions of the laws of the place where the port of discharge is located stated in the bill of lading, to deliver the goods arrived at the port of discharge to the local authority in charge of customs or port, the carrier shall not bear the civil liability for delivery of goods without any original bill of lading.

    Article 8    In the case no customs declaration is made for the goods that have arrived at the port of discharge within the time limit specified by laws and the relevant customs collects the goods and sells them legally, or the relevant court renders a decision, in accordance with law, to sell the goods left by the carrier, if the carrier alleges the exemption from liability for delivery of goods, the people’s court shall uphold such allegation.
     第九条  承运人按照记名提单托运人的要求中止运输、返还货物、变更到达地或者将货物交给其他收货人,持有记名提单的收货人要求承运人承担无正本提单交付货物民事责任的,人民法院不予支持。

     Article 12    With regard to a consignor who actually delivers the goods to a carrier and holds an order B/L, although the consignor’s capacity is not clearly stated in the original B/L, if the consignor, on the ground that the carrier fails to deliver goods with the original B/L, files a petition to request the carrier to assume civil liability for delivery of goods without the original B/L according to a contract of carriage of goods by sea, the people’s court shall uphold such petition.
     第十三条  在承运人未凭正本提单交付货物后,正本提单持有人与无正本提单提取货物的人就货款支付达成协议,在协议款项得不到赔付时,不影响正本提单持有人就其遭受的损失,要求承运人承担无正本提单交付货物的民事责任。

      Article 14    In case the holder of an original B/L files an action on the ground that the carrier delivers goods without the original B/L, the provisions of Article 257 of the Maritime Code shall apply, and the time limit for limitation of action shall be one year commencing from the date of delivery of goods by the carrier.
If the holder of an original B/L files an action involving tort on the ground that the carrier and a person who collects the goods without the original B/L jointly commit the act of delivery of goods without the original B/L, with regard to limitation of action, the provisions specified in the preceding paragraph shall apply.

    Article 15    In case the holder of an original B/L files an action on the ground that a carrier delivers goods without the original B/L, with regard to discontinuance of limitation, the provisions of Article 267 of the Maritime Code shall apply.
If the holder of an original B/L files an action involving tort on the ground that the carrier and a person who collects the goods without the original B/L jointly commit act of delivery of goods without the original B/L, with regard to discontinuance of limitation, the provisions specified in the preceding paragraph shall apply.