stions. The first one is that, title of document doesn’t represent the ownership of goods as mentioned above. When the B/L is controlled by consignee, the ownership of goods may still belong to the shipper because of the “retention of title clause”. Under the circumstance of L/C, the issuing band has the pledge to the B/L if the consignee doesn’t redeem of documents by paying the bank, The second one is that, according to usual parlance, the definition of “ act of tort” is the act which aggresses upon other’s dominated rights or interests protected by law illegally and the conductor should take the responsibility for the damage.[29] So the object of act of tort is real right, intellectual property, personal right, etc. So the view that the premise of tort obligation is the claimer having the ownership of goods when the act of tort occurs is wrong.[30] Because the right of possession is a kind of real right, once it can constitute the four essentials of act of tort, the holder of B/L can also investigate and affix the responsibility to carrier for infringement of physical possession.
The holder of B/L can claim not only the responsibility of breach of contract but also the responsibility of torts, so it constitutes the concurrent of claim. Namely, one fact is in conformity with several essentials of norm of claim. The holder of B/L can choose the most profitable cause of action to sue according to the differences in the respect of imputation cause, burden of proof, prescription, essentials, form of responsibility, jurisdiction, applicable law, and so on.
(b). The holder of B/L can sue the person taking delivery without B/L:
The cause of action one: “torts”
The reason is as aforesaid, moreover there is no any contractual relation between the holder of B/L and the person who takes delivery without B/L, so the cause of action is tort unequivocally. In the light of the dominated view in civil law academic and practical circles, the causation of tort should adopt the doctrine of appropriate causation, that is to say, “if only one fact possessed, according to the social common experience, it will result in the same result as the fact of damage.”[31]
The cause of action two: “undue enrichment”
When discussing the responsibility attribution of releasing of goods without B/L, people always take into consideration from the aspect of tort and breach of contract, but never give any attention to the debt of undue enrichment which may be constituted. The definition of “undue enrichment” is that having no legal basis, the beneficiary acquires the interests while jeopardizes the interests of the other people.[32] The essential of constitution are as follows:
i). Acquiring the interests in property: Taking delivery from the carrier will add up to the property of the person who delivers without B/L positively.
ii). Jeopardizing the interests of the other people: The property of the holder of original B/L is reduced negatively because of the delivery of goods by the person without B/L.
iii). The existence of causation between acquiring the interests and being prejudiced: The theory of civil law divides the undue enrichment into types: undue enrichment of pacare and undue enrichment of non-pacare. While the undue enrichment of non-pacare can be divided into three types: undue enrichment on act, undue enrichment on legal provisions and undue enrichment on natural events. While the undue enrichment on act is constituted by three types of act, namely, the act of the person who is prejudiced, the act of beneficiary and the act of the third party.[33] The damages in property of the holder of original B/L should be the result of the joint act of beneficiary and the third party.
v). Having no cause in law:
It’s absence of cause in law that the person who takes delivery of goods which should belong to the holder of original B/L.
It also forms the concurrent of the claim of undue enrichment and real right for the holder of B/L. But different from the concurrent of the tort and contract action in which the obligee can choose to exercise, there are two doctrines in the theory of civil law about the validity of the concurrent. The first one is the doctrine “priority of effect of rights over things”. It maintains that the claim of rights over things should be applied preterentially, while the exercising of the claim of undue enrichment is the supplementary. The other is the doctrine “independence of claim of undue enrichment”. It maintains that the two claim are reciprocal independent, when they’re co-existence on the same subject-matter, the owner of goods can claim to the person who is unauthorized possession or encroaching on the goods for restitution according to the claim of right over things. Meanwhile, he can also claim to the person who is unauthorized for recovery of possession according to the claim of undue enrichment, because possession is also a kind of benefit[34]. The doctrine of supplementary is advocated by early scholarship of Germany and Switzerland, while the scholarships during the past few years are inclined to the doctrine of independence.
(c). If the holder of B/L is the buyer of the contract on sale:
i). Once the trade terms of symbol delivery such as “FOB, CIP, CFR” are agreed in contract, if the shipper delivers the goods to the carrier at the port of shipment, his obligation of delivery has been performed. Unless the holder of B/L could prove that the shipper has the apparent negligence when selecting the carrier, he cannot claim to the seller. It’s similar to the issue of “ absolute payment” or “relative payment” in L/C.
ii. Once the trade terms of physical delivery are agreed in contract, In theory, if the carrier releases of goods without B/L, the holder of original B/L can claim directly to the seller for delive

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