The definition of "Shipper" under the Chinese Maritime Codehas proved by judicial practice to be uncertain in respect of its interpretation. This article tries to comment on such issues as the importance to identify the "Shipper" under the Code and the person to be the "Shipper" withln the meaning of Secti0n (a) and (b) of Paragraph 3 of Article 42 from the authors’ theoretical and practical viewpoints.A seller under ClF terms is sure to be the "Shipper" under the Code; however, a seller under FOB terms can be deemed as the "Shipper" only if his name is shown in the column of "Shipper" in a bill of lading. This is the authors’ opinion for the interpretation of the definition of "Shipper" under the Chinese Maritime Code.
The paper discusses some key issues concerning the nature of rights evidenced by marlne B/L and probes into the origins of the B/L as credit document, B/L as property document or B/L as document of title theoretically and positively- ln the mean-time, the paper puts forth its own new thinking and opintions.
