Delivery of Goods under Bills of Lading by Anders Møllmann

By Anders Møllmann

Probably the center attribute of a invoice of lading is that the unique invoice of lading has to be offered on the port of vacation spot for a consignee to be entitled to supply of the products and for the provider to get a superb discharge of its supply legal responsibility by means of providing the products to stated consignee. This suggestion is accredited nearly all over the world, however the extra certain content material of the "presentation rule" differs from jurisdiction to jurisdiction. in addition, and of significance, the criminal foundation constructing the "presentation rule" differs.

With the technological advances in maritime shipping in addition to in communications expertise and the emergence of extra advanced buying and selling styles, a method the place a selected tangible piece of paper issued on the port of loading needs to be offered on the port of discharge to procure supply of the products turns out nearly archaic and will evidently create difficulties. therefore, in perform quite often – particularly in a few trades resembling the oil exchange – the invoice of lading isn't really to be had on the port of discharge whilst the send is able to carry the cargo.

The booklet will first examine the "presentation rule", its finer contents and its felony foundation. it is going to then cross on with (legal) analyses of 3 advancements and responses to the issues that the invoice of lading process provides upward push to in perform, viz. the industrial, the overseas legislature’s, and the technological reaction. the economic reaction analysed right here involves contractual exemption or hassle clauses within the invoice of lading manage as a defence opposed to claims for misdelivery. The foreign legislature’s reaction denotes the adoption of the Rotterdam ideas which because the first foreign conference on carriage of products via sea contains difficult ideas on supply of the products. eventually, the technological reaction denotes the opportunity of utilizing digital (equivalents of) money owed of lading. The analyses will contain a comparative strategy reading either English and Scandinavian legislations to explain the problems with higher clarity.

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