By Anders Møllmann
Probably the middle attribute of a invoice of lading is that the unique invoice of lading has to be awarded on the port of vacation spot for a consignee to be entitled to supply of the products and for the provider to get an excellent discharge of its supply legal responsibility via offering the products to acknowledged consignee. This thought is authorized almost all over the world, however the extra specific content material of the "presentation rule" differs from jurisdiction to jurisdiction. moreover, and of value, the criminal foundation developing 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 process 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 virtually archaic and will evidently create difficulties. hence, in perform quite often – specifically in a few trades comparable to the oil exchange – the invoice of lading isn't to be had on the port of discharge while the send is able to convey the cargo.
The ebook will first examine the "presentation rule", its finer contents and its felony foundation. it's going to then cross on with (legal) analyses of 3 advancements and responses to the issues that the invoice of lading method offers upward push to in perform, viz. the economic, the overseas legislature’s, and the technological reaction. the industrial reaction analysed the following involves contractual exemption or dilemma clauses within the invoice of lading arrange as a defence opposed to claims for misdelivery. The foreign legislature’s reaction denotes the adoption of the Rotterdam ideas which because the first overseas conference on carriage of products by means of sea comprises problematic ideas on supply of the products. eventually, the technological reaction denotes the opportunity of utilizing digital (equivalents of) accounts of lading. The analyses will contain a comparative process studying either English and Scandinavian legislation to explain the problems with larger clarity.
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Delivery of Goods under Bills of Lading by Anders Møllmann