Maritime law – Delivery without bill of lading
By Lorenzo CROCE, member of the Geneva Bar, LL.M. INTRODUCTION The rules on carriage by sea, originating from customary practices, are today firmly grounded in legislation. One of these, a basic rule, specifies that the carrier should only deliver the goods to the consignee after production of the bill of lading. However, as often, reality differs greatly from theory. Indeed, with increased shipping speed, goods often arrive at destination before the bill of lading. The carrier is then faced with a dilemma: whether to await the arrival of the document or deliver the goods in violation of the contract. Customary practice has imagined many solutions to this problem. Our intention, in this paper, is to draw up a brief inventory of these. After recalling the presentation rule (I), we will examine, from a critical point of view, the introduction of the letter of indemnity (II), the seaway bill and the electronic bill of lading (III). I)
BILL OF LADING: CHARACTERISTICS AND PRESENTATION RULE
The bill of lading is a document specific to the trade of goods by sea. It has evolved over a long period of time and has become today the cornerstone of sea carriage. Indeed, the characteristics of the bill of lading have constantly evolved since it first appeared in the 15 th and 16th centuries. Initially this document constituted a receipt for goods by the captain making it no longer necessary for the merchants to travel with their cargo. Then, in the 18th century, the bill of lading became a document of title. It was finally in the 19th century, with the arrival of the first regular maritime lines, that it was fully recognized as proof of the carriage contract.1
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ADYEL Karim, L’importance des fonctions du connaissement dans les opérations de commerce international par mer, http://www.legavox.fr/blog/docteur-karim-adyel/importance-fonctions-connaissement-dans-operations-3272.htm.