Does anyone know how to say the backdated bill of lading in English

antedated

b l Backsign bill of lading.

billof

lading

b l) Bill of lading.

onboard

b l Loaded bill of lading.

shipped

b l Loaded bill of lading.

received

forshipment

b l Prepare bill of lading.

direct

b l Direct bill of lading.

transhipment

b l Transshipment bill of lading.

through

b l Intermodal bill of lading.

cleanb/l

Clean bill of lading. uncleanb l or.

foulb/l

The bill of lading is not cleaned.

straight

b l Named bill of lading.

openb/l

Bearer bill of lading.

bearer

b l Bearer bill of lading.

orderb/l

Indicate the bill of lading. long

formb/l

Full bill of lading. short

formb/l

Short bill of lading. on

deckb/l

Deck bill of lading. stale

b l Expired bill of lading.

antedated

b l Backsign bill of lading.

advanced

b l Advance bill of lading.

freight

atdestination

b l Freight Collect bill of lading.

freight

prepaid

b l Freight prepaid bill of lading.

Does anyone know about the backdated bill of lading

Translation: Who knows to anti-dated b l

The backdated bill of lading refers to the bill of lading in which the carrier is required by the shipper to issue the bill of lading on a ship earlier than the actual date of completion of loading after the goods are loaded on the ship. Generally, it can be divided into two situations: one is a bona fide backsign; The second is malicious backsigning, that is, in the case, the seller privately colludes with the shipping company to reverse the contract for unilateral interests, which is the backdated bill of lading in the real sense (hereinafter referred to as the backdated bill of lading).

In this case, the documents submitted under the seller's letter of credit are basically impeccable, and even if the buyer receives an express statement, the seller will not immediately admit the facts to the buyer and take the initiative to take positive measures to make up for its mistakes.

1. What are the legal provisions on backsigning bills of lading?

For both the carrier and the consignee, the bill of lading itself is a proof of contract, and often a foreign-related contract. This brings us to the question of its application of law. In accordance with the provisions of Article 269 of China's Maritime Law, the bill of lading may stipulate the law applicable to the bill of lading, and if there is no provision in the bill of lading, the law of the country with the closest connection with the bill of lading shall apply.

Article 276 of the law also stipulates that when applying foreign laws or international practices, it shall not be contrary to the public interests of China. These two provisions are the well-known principle of party autonomy and the principle of reservation of public order in private international law, and the latter principle is a limitation of the former.

Therefore, according to the above-mentioned conflict of laws norms, regardless of which country's law or international convention applies to the bill of lading, as long as the law or convention recognizes that the bill of lading issued by the carrier by fraudulent means is valid, then we can invoke the above-mentioned public order reservation clause to exclude the application of the law or convention, and directly apply the law of our country to characterize the act of pre-borrowing or backsigning the bill of lading.

Article 154 of China's "Civil Code" (in force) [malicious collusion] Civil juristic acts in which the actor maliciously colludes with the counterparty to harm the lawful rights and interests of others are invalid. Therefore, a bill of lading issued by the carrier fraudulently should be invalid. This determination is also consistent with the legal provisions and customary practices of various countries and even international practice.

Generally speaking, the validity of bills of lading issued by fraudulent means is not recognized by national laws or international conventions, so there is no question of applying our laws directly by invoking the public order reservation clause.

1. Definition of backdated bill of lading refers to a bill of lading in which the date of issuance of the bill of lading is earlier than the date of completion of the actual loading of the ship after the goods are loaded on board the ship by the carrier at the request of the shipper. Generally, it can be divided into two situations: one is a bona fide backsign; The second is malicious backsigning, that is, in the case, the seller privately colludes with the shipping company to reverse the bill of lading for unilateral interests, which is the real backdating of the bill of lading.

Second, the prevailing view is the doctrine of tort liability, and the main problem with the doctrine of tort liability is that: first, it ignores the fact that there is a contract of carriage relationship between the carrier and the consignee, which is maintained by the bill of lading, and only pays attention to the contract of carriage relationship between the carrier and the shipper. Therefore, once a dispute arises between the carrier and the consignee, it is considered that there is no contractual relationship between the two parties, and the dispute must be tortious.

It should be noted that the bill of lading is an important embodiment of the rights and obligations between the carrier and the consignee, for example, the obligations of the consignee to the carrier at the port of discharge are derived from the provisions of the bill of lading. Secondly, the theory of tort liability simply holds that the carrier's advance borrowing or back-signing of the bill of lading infringes the rights of the consignee (receiving the goods on time), and it is hoped that this is tort. This is a major misunderstanding of the legal concept of tort liability.

In the case of contractual debts, one party's non-performance of the contract or the use of fraud or other means to enter into the contract also infringes the rights of the other party, but it only constitutes a general breach of contract or a fundamental breach of contract (resulting in the invalidity of the contract), and this is by no means a tort. This is the case with the bill of lading borrowed or backsigned, although the bill of lading is invalid due to the carrier's act and infringes the consignee's rights, this is only a fundamental breach of contract, not any infringement, and the basis of the rights and obligations between the carrier and the consignee is the bill of lading, the contract of carriage, not the creditor-debtor relationship of the tort. What the carrier infringes is only the right that the consignee should enjoy under the contract of the bill of lading, which is a contractual right.

If it is said that Party A infringes on a certain right of Party B, it is considered to be an infringement, which is a very wrong thing. The key is to see what is the basis for the rights and obligations of both parties A and B, so as to correctly determine whether this creditor-debtor relationship is a contractual debt or a non-contractual debt. It still has practical and theoretical significance.

The characterization of a borrowed or backdated bill of lading as tort or contract liability will lead to different results on issues such as jurisdiction and the application of the applicable law of the case, thus affecting the adjudication of the substantive issues of the case. At the same time, whether the characterization of a legal act is accurate also represents the level of law enforcement in a country or region, and affects the attitude of the parties towards the judgment and even whether the judgment can be recognized and enforced by a foreign country or region. To sum up, there is a certain risk in backsigning the bill of lading, and the backdated bill of lading must first obtain the consent of the carrier.

It is also possible to return the goods for the consignee. However, if you encounter a malicious backtracking, you should immediately retain the evidence and submit it to the court to properly protect your vital interests and ensure that it is not harmed.

Backdated bill of lading refers to a bill of lading whose issuance date is earlier than the actual loading date of the goods.

Since the actual loading date of the goods is later than the last loading date required by the letter of credit or ** contract, the shipper will often require the carrier to issue a backdated bill of lading to meet the needs of foreign exchange settlement, and the shipper will often issue a letter of guarantee to the carrier stating that it will be responsible for all losses suffered by the carrier due to the issuance of the backdated bill of lading.

Backsigning the bill of lading is a serious commercial document fraud between the carrier and the shipper in collusion to deceive the consignee, and the shipper and the carrier shall be responsible for the consequences of their fraudulent acts, and the fraudulent letter of guarantee cannot be recognized by law.

Generally speaking, the buyer and seller of the goods will open the letter of credit after signing the contract, but due to various reasons (such as: the production delivery time is relatively tight, but the customer may not agree if it is not signed; or ship towing shift, etc.), causing the actual departure date of the shipping company to be later than the latest shipment date of the letter of credit, resulting in the discrepancy of the letter of credit, then you can issue a certificate to the shipping company and sign the departure date of the bill of lading before the latest shipment date of the letter of credit.

The simplest point of backsigning the bill of lading is that it does not meet the time requirements of the letter of credit. The sales contract and the letter of credit have a minimum shipping period, which must be loaded within this time period, otherwise the foreign exchange cannot be settled. In addition, backsigning the bill of lading is fraudulent and should not be done.

I see that someone below replied that the letter of guarantee is replaced by a backward bill of lading, if this is the case, the shipowner will be in great trouble, and the letter of guarantee will be invalid. This letter of guarantee kills people, but note that not all letters of guarantee are invalid, only those involving fraud are invalid. For example, a letter of guarantee without a bill of release can be accepted.

The original bill of lading can only be issued after the departure of the ship, that is, the signing date of the bill of lading is on the day of departure or one day later than the departure date, and the backdated bill of lading means that the signing date of the bill of lading is earlier than the departure date.

Backdated bill of lading, i.e. the date of the backdated original bill of lading is earlier than the actual departure date.

Under normal circumstances, the consignor can issue a backdated bill of lading guarantee to the shipping company, but this actual situation must be clearly explained to the customer.

The backdated bill of lading (ANTE dated BL) refers to the bill of lading issued by the carrier at the request of the shipper with a date earlier than the actual date of loading, so as to comply with the provisions of the letter of credit on the date of shipment, so as to avoid non-payment. For example, the letter of credit stipulates that the latest loading date is August 28, but the export negotiation Liang party did not load the goods on the ship until August 30, if it is written on the bill of lading that August 30 is a non-payment point, the determination of the loading date is mainly proved by the issuance date of the bill of lading, so the general exporter requires the shipping company to advance the loading date, not 30, but 28 or before.

It is a normal way to sign an order.

That is, the goods are loaded later than the actual date on the letter of credit, but in order to be consistent with the documents (the letter of credit and the documents are consistent) to ensure that the seller receives the payment, the date of the bill of lading is written as a bill of lading earlier than the date of the actual shipment. If the date of the letter of credit is May 15, and the actual shipment date is May 19, but the date on the bill of lading is issued as May 15, which is earlier than the actual shipment date, such a bill of lading is a backward bill of lading.