Guangdong social security letter 20 19

Reply of the Supreme People's Court on whether the letter of guarantee has legal effect.

the Supreme People's Court

Reply of the Supreme People's Court on whether the letter of guarantee has legal effect.

198865438+1October 4th, the Supreme People's Court.

Guangdong Provincial Higher People's Court:

We have received your letter No.88, Guangdong Law Masterpiece No.235.

After study, we agree with you in principle. We believe that the letter of guarantee issued by the shipper in exchange for the clean bill of lading is not binding on the consignee. No matter how the letter of guarantee is agreed, it will not affect the consignee's claim against the carrier or shipper; Both the shipper and the carrier have the obligation to fulfill the letter of guarantee issued by one party and accepted by the other party in good faith.

In this case, the carrier foresees that there will be errors and losses when weighing the goods according to the draft and drying the goods during the voyage. However, the clean bill of lading was issued on the premise that the shipper issued a letter of guarantee and promised that "if there is a shortage of weight at the port of discharge, the cargo side will be responsible". There was no intention to defraud the consignee and there was no fault during the voyage, so it was not liable for compensation. The shipper applies for water gauge to measure the weight, and requires the carrier to open the cabin to dry the goods on the way, and issue a letter of guarantee for the possible shortage, so it should fulfill the promise in the letter of guarantee and bear the liability for compensation for the shortage of goods.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.