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Publication date: 28.05.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
A bill of lading is a document used in maritime transport to confirm the fact of acceptance of the cargo on board the vessel. It is proof of the conclusion of the contract on the transportation of cargo by sea.
Legal features of the bill of lading:
1. Ownership of goods: A bill of lading is a document that confirms ownership of goods or the right to demand their delivery.
3. Delivery of goods: The bill of lading establishes the terms of carriage of the goods, including the port of departure, port of destination, quantity and type of goods, terms of delivery, liability for loss or damage to the goods during transport.
4. Confirmation of acceptance of the cargo: A bill of lading is a document that confirms that the carrier (usually a sea carrier) has accepted the cargo on board the vessel for further transportation. This creates a legal relationship between the carrier and the consignor.
Types of bills of lading:
There are several main types of bills of lading that can be used depending on the conditions of cargo transportation and the needs of the parties to the agreement. Here are some of the main types:
1. Straight bill of lading (Straight Bill of Lading): This type of bill of lading is issued in the name of a specific consignee. The recipient can be specified as a specific person or company. A direct bill of lading is non-transferable and cannot be transferred to another person without the consent of the sender.
2. Negotiable Bill of Lading: This type of bill of lading can be transferred to another person (usually by assignment), provided that it contains the appropriate notations about the transfer of rights. A bill of lading can be used as a form of payment instrument in international trade.
3. Registered bill of lading (straight bill of lading): drawn up on behalf of a specific legal entity.
4. Bearer bill of lading: the cargo is given to the person who presented the bill of lading.
5. Order bill of lading (Order Bill of Lading): This type of bill of lading contains a signed instruction to the recipient of the cargo to issue it to another person. It can be transferred by endorsement (transfer inscription) on the reverse side of the document. This type of bill of lading allows more flexible management of cargo ownership.
These types of bills of lading may have different conditions and affect the rights and obligations of the parties in the transportation of cargo. The choice of a specific type of bill of lading depends on the specific needs of the parties to the agreement and the conditions of transportation.
Contents of the bill of lading:
The contents of the bill of lading may vary depending on the specific context and conditions of transportation. However, the main elements that a bill of lading usually contains include the following:
Name of the document: Usually at the top of the document it is indicated that it is a "Bill of Lading" or "Bill of Lading" (in English versions).
Sender and recipient details: Information about the sender (supplier) and recipient (buyer) includes their names, addresses and contact details.
Cargo description: A detailed description of the cargo, including its characteristics, quantity, weight, dimensions and other important characteristics.
Conditions of Carriage: The specified conditions of carriage, such as port of departure and destination, method of delivery, modes and conditions of carriage, liability for loss or damage during carriage.
Vessel and crew details: Information about the vessel carrying the cargo, including its name, registration number, port of registry and crew details.
Signatures and seals: Signatures of the consignor, representative of the carrier and other parties confirming the agreement and acceptance of the cargo.
Terms of payment and delivery: Information about payment terms of transportation and delivery terms, if they are included in the bill of lading.
Lawyer advice when drawing up a bill of lading:
Since the bill of lading plays a significant role in the organization of transportation, acting at the same time as a commodity security, the lawyer help in its preparation and use is highly desirable. The lawyer services will conduct a legal analysis of the situation, take into account the requirements of the law, the interests of the parties, and draw up a bill of lading based on this. A lawyer consultation may also be necessary when organizing sea transportation, because in this area there are many subtleties and requirements that a business entity must meet. Therefore, legal services are an indispensable tool that will help build a reliable business and establish relations with various counterparties.
