However, we practically do not think about the nature of this document, its functions and some of the nuances of its application in international trade.
The bill of lading is one of the oldest documents used in international trade and therefore in maritime transport. It is often described as the most important document in international trade, for the most part because of its, so to speak, multiple role. This is a document considered vital for international sales contracts, as it proves loading on board the ship, and therefore the very fact of export from the country (which, however, may or may not be the country of origin of the goods).
It is a document that can be sold to other buyers, which is why it is called a negotiable instrument.
The date of the signature proves, or at least is visible evidence, that the cargo was placed on board the vessel, which gives rise to a whole series of actions, including the key point in the operation of a bank letter of credit opened by the buyer in favor of the seller.
The bill of lading also acts as proof of export within a specified time frame, which may be a requirement for a shipper to comply with export quota regulations in some countries.
The bill of lading also acts as evidence (or visible evidence) of the condition of the cargo on board, as well as the condition of the cargo that the buyer or consignee has the right to expect at the time of its delivery to the port of destination.
If speak about legal framework, then initially the regime of use of bills of lading was regulated by the British Bill of Lading Act 1855 1. If we translate from the old-fashioned and cumbersome language of this law to the modern one, then the main functions of the bill of lading can be represented as follows:
1. This is a receipt for the acceptance of the cargo on board the carrying vessel.
2. This is a document of title, i.e. the owner of the original bill of lading has the right to access the goods described in it.
3. This is proof of a contract of carriage.
It should be noted that the 1855 Act does not really define the term “bill of lading”.
The 1855 Act was repealed and replaced by the British Carriage of Goods by Sea Act 1992 2 (hereinafter referred to as COGSA 1992), which entered into force on 16 September 1992. COGSA 1992 also does not define the term "bill of lading", although numerous references include the above functions.
On August 25, 1924, the International Convention for the Unification of Certain Rules Regarding Bills of Lading 3, better known as the Hague-Visby Rules 4, was signed in Brussels.
Yet there is a legal definition that became international in November 1992 after the United Nations Convention on the Carriage of Goods by Sea 5, better known as the 1978 Hamburg Rules 6, was ratified in October 1991. the required number countries (namely twenty). Although the Hamburg Rules are internationally recognized, their acceptance does not mean that they are universal. In other words, so far only a few countries have ratified these rules (currently 26 countries), in addition, not all of them have ratified this convention clearly and unequivocally.
Here is how the Hamburg Rules define a bill of lading:
“A bill of lading is a document confirming the conclusion of a contract of carriage by sea and the acceptance or loading of cargo by the carrier, and to which the carrier undertakes to transfer the cargo against delivery of the document. The provision in the document that the cargo must be handed over to the order of the named person, either “order” or “bearer”, contains the same obligation ”7.
Receipt for acceptance of cargo on board
What happens in practice: the goods arrive at the loading port and can be placed either in the warehouse or at the berth. In regular shipping, a warehouse or wharf may be owned (or at least controlled by) a shipping line. In this case, the court will find that the cargo was placed in the "continued possession of the vessel". The dock manager, port operator or warehouse manager then issues a document known as the received for shipment 8 bill of lading. Such a document is not valid for the purpose of receiving money from the bank under the terms of the letter of credit and, therefore, cannot be sold, i.e. is not negotiable. This is just a record that the cargo was received in advance for loading by the person who will carry out the loading, i.e. the carrier (as well as his employees or agents).
In tramp shipping, you can hardly find the issue of a “received for shipment” bill of lading. There are two main reasons for this:
1) partly due to the fact that there is no practical reason for this, as the goods may be loaded in bulk from trucks or railway wagons, or from an elevator or pile that may have been in port for some time;
2) partly because the document “received for shipment” is usually only needed by the shipping companies to find out how much cargo has been “carried” on board a scheduled cargo ship and so that agents, loading brokers and forwarders can calculate how much more cargo needs to be delivered to the port before the vessel is theoretically full and loading operations can begin.
Thus, tramp shipping usually only deals with “shipped on board” 9 bills of lading, which show that the goods were actually loaded on board. The date at the bottom of such a bill of lading must correspond to the date on which all cargo was loaded on board the vessel. And it doesn't matter whether the ship actually leaves the port of loading or sinks in this port: the goods covered by such a bill of lading, by definition, are already shipped(i.e. shipped) and the freight thus has to be paid by the charterer to the shipowner.
Most often, an onboard bill of lading is accompanied by the word "clean". This only means that, prior to the signing of the three originals, there are no written remarks by the captain on the bill of lading, which would indicate that the cargo is in one way or another different from what it should be; in other words, the captain may have noted on the bill of lading that the cargo is rusty, bent, crushed, broken, torn, eaten by insects, too wet, or any other similar remarks regarding the condition of the cargo at the time of its presentation to the ship.
Title document
The cargo could have been sold by the charterer to the consignee at the port of discharge. Consequently, the recipient needs to pay for the shipment (usually by letter of credit) before he can access it. When the charterer (seller) sells the goods to the recipient (buyer), he is actually selling the ownership of the goods.
"Commodity title" in this sense means "giving ownership of the goods." Armed with the original negotiable bill of lading, the consignee may then board the ship upon arrival at the port of discharge and claim the cargo on board. What did the charterer or seller actually do? He transferred his ownership of the goods to the buyer. This "transfer" is called an endorsement because he endorses (or signs on the back) three originals of the bill of lading. The new holder of the bill of lading is therefore called the "endorsee". And, of course, nothing can prevent the endorsee from selling his newly acquired ownership of the cargo to a third party, either before or during loading operations on the ship, or even while the ship is at sea, moving towards the port of discharge. Such trading occurs every day, and it often happens that many of these traders who buy and sell the rights to the goods never see these goods, and do not express a desire to see them. Therefore, they are called "paper traders". The nature of the commodity becomes almost intangible. However, many of them are experts in their field and can physically transfer the goods if they so choose.
Thus, the holder of the bill of lading has ownership of the goods represented by this document. If it is the original on-board bill of lading, it becomes a negotiable instrument and can be sold and resold for consideration. Consequently, the bill of lading also proves the right to sue in relation to the ownership of the goods 10.
However, not all transactions go so smoothly. Sometimes the cargo described on the bill of lading is not shipped to any specific person. This phenomenon is known as "blank-order" sending, and such bills of lading are known as "blank-order" and even "blank" (do not confuse these two concepts!). This is done if, for example, the original seller does not know the identity of the final buyer, and indeed cannot know, since he deliberately sells the ownership of the cargo to a paper trader, who, of course, will sell the cargo to a third party.
The ownership of the goods is valid only until the goods have been handed over to the holder of the bill of lading. If such a bill of lading holder appears before the master upon arrival of the vessel at the port of destination and is able to prove his identity to the master, the cargo will be handed over to that bill of lading holder.
On the issue of proof of identity. Imagine what happens if the holder of the bill of lading finds or otherwise acquires the original bill of lading. After the cargo from the ship has been handed over to him, the present holder of the bill of lading arrives, who has just paid a significant amount of money for this cargo by letter of credit. It is natural to assume that he will be quite upset when he discovers that the cargo has been transferred to someone else. Hence the need for extreme vigilance by the captain in identifying and confirming the identity of the holder of the bill of lading with the named consignee.
This problem, of course, does not arise when the captain is presented with a blank order bill of lading, since such a document is akin to a bearer's check: the essence of both is extremely simple - “pay X thousand dollars to the bearer of this piece of paper”. It is for this reason that the original bill of lading is usually issued in triplicate: a few lines printed at the bottom of the document say that once one of the originals is “executed” (ie exchanged for cargo), the other two become invalid. This phrase was introduced to prevent an extremely difficult situation and financial troubles that the owner of the vessel may face if a claim is brought against him for the value of the cargo by the present consignee, who is the eligible holder of the bill of lading, which is a document of title for the same cargo that the master gave to another side.
In British law, the decisive evidence in the hands of the present holder of the original bill of lading is the description of the condition of the goods loaded 11.
There is no limit to the number of copies of the bill of lading issued by the master or port agent on his behalf. These copies are non-negotiable and are known as CNN (copies non-negotiable). Usually they are produced in the amount of 12 pieces, but there can be 6 or 20. These are just records for keeping the dossier, and they cannot be confused with the originals.
Proof of contract
To begin with, it is important to realize that the bill of lading is not a contract of either commercial sale and purchase, or sea transportation. However, this is often the only link between the holder of the bill of lading and the beneficial (or actual) shipowner. It is also the best possible (and often the only possible) evidence of the existence of a separate contract of carriage between the owner of the cargo, who can also act as an exporter or shipper, and the carrier, which can be a tramp “beneficial” shipowner or a “disposable” owner ( i.e. time charterer) or operator or voyage shipping company. Thus, the actual contract can be either a charter party or a linear booking note (freight certificate).
The conclusion of the contract actually takes place as soon as an agreement is reached on the carriage of goods. Such an agreement can also be oral. Indeed, verbal agreements are often negotiated between trump ship brokers on behalf of the respective principals. And it is always good to convey to paper the basic conditions (and, if possible, all the details) of such an agreement so that at later stages there will not arise (at least in theory) any disputes regarding its content. The subsequent issue of the bill of lading only confirms such an agreement. This is true for transportation by both regular and tramp ships.
The contract of carriage between the carrier and the shipper reflects the conditions under which the carrier accepts the goods for carriage. If the shipper enters into a charter party agreement with the carrier, the basic terms, which can usually be found on the back of a bill of lading, may be superseded by the terms of the charter party agreement.
The original shipper (seller) can also be the charterer of the vessel. Then a clause appears on the face of the bill of lading: “Freight payable as per Charter Party” 12. This phrase in some way relates the holder of the original bill of lading to the charter party, even though the “designated” holder is not contractually related to the owner of the vessel. Consequently, it is the bill of lading that is contractually related to the charter party.
The bill of lading does not conform to the usual definitions of the contract. In particular, it is not signed by both parties and therefore does not constitute a contract between them. It is signed by only one party - the carrier's representative. However, when the bill of lading is sold to an ultimate third party, it may be presumed to contain the contract of carriage. So the bill of lading can become a contract of carriage by endorsement.
A bill of lading is “transferable” for a counterclaim (most often by bank letter of credit) only if it is the original, of which there are usually three. There are many copies that are non-negotiable (CNN), but these are released for informational purposes only - for the convenience of port agents, port authorities, customs officers, stevedores, freight forwarders, ship brokers, operations departments of shipowners and operators, insurance companies and / or their brokers, government agencies, traders, financiers and any other parties involved in international trade.
Shipowners and charterers are free to incorporate any agreed terms into their charter party contracts, but the bill of lading is governed by the rules specified in the Paramount clause. This clause often provides a choice between the Hague-Visby rules and the Hamburg rules, i.e. only one rule may apply to one bill of lading and one shipment. These rules strictly regulate the rights, duties, responsibilities and privileges of the carrier of the cargo. It follows that any clause in the bill of lading that does not comply with these rules is void.
While it is possible to judge the establishment of a contractual relationship between the carrier and the shipper by the bill of lading, there remains a big question around which there are legal or arbitration disputes, namely, who is considered the carrier if the ship is on a time charter. Recall that a time charter is a vessel charter agreement, according to which the ship owner, while remaining the owner and retaining control over the crew, provides it for a certain period at the disposal of the charterer for the carriage of any legal cargo. The charterer has the right to load the ship according to the load line using all of its cargo spaces. A time charter is characterized by the following general provisions: the shipowner provides the charterer with a ship fully equipped with a crew, and bears all the costs of maintaining the crew, maintaining the ship in a fit for operation, its insurance and the purchase of lubricants; the charterer bears all costs for the purchase of fuel, water, payment of taxes, port dues, services of pilots and tugs, the performance of loading and unloading and other work related to the carriage of goods; the charterer pays the rent for the entire time spent on the time charter, except for the time when he could not fully use the vessel (accident or breakdown of the vessel, etc.), which is called the time out of the charter. While the vessel is on a time charter, the master is obliged to obey the orders of the charterer regarding the commercial operation of the vessel and other issues related to transportation.
The most frequently used word accompanying the phrase "shipped on board bill of lading" is the word "clean". It means that the captain's written remarks did not appear on the bill of lading before the three originals were signed, which would mean that the cargo is somehow different from what it should be. In other words, the captain could note on the bill of lading that the cargo is rusty, crooked, dents, broken, torn, infested with insects, too wet, or any other remark regarding the condition of the cargo when it enters the ship.
If the captain has not made a similar reservation on the bill of lading, i.e. did not make it dirty, he and its owner would most likely be liable for any damage that the charterer, shipper or consignee of the cargo can easily claim to have occurred while the cargo was on the ship.
Often there are difficult situations when the charterer's or shipper's letter of credit requires the presentation of the original blank on-board bill of lading, without which the bank will not pay under the letter of credit. However, the captain, of course, will not want to write out such a "clean" document if the goods in reality, so to speak, do not deserve a clean bill of lading. In such cases, the charterer issues a Letter of Indemnity, which supposedly relieves the shipowner from liability (although this is neither actually nor legally possible) for the condition of the cargo at the port of destination. But it is worth noting that, as a rule, deliberately damaged cargo is simply not taken on board. Nevertheless, this form of a letter of guarantee takes place (Fig. 1).
Rice. 1. Example of a letter of guarantee versus a blank bill of lading
Another option is a letter of guarantee for the delivery of goods without presenting the original bill of lading. It happens that the bill of lading is lost before the ship arrives at the port of destination. Then the captain may refuse to release the cargo. Exit - the charterer / consignee must submit a properly authorized letter of guarantee for the delivery of the goods without presenting the original bill of lading (Fig. 2).
Rice. 2. An example of a letter of guarantee in exchange for delivery of goods without presenting the original bill of lading
There are standard forms of letters of guarantee issued in exchange:
1) for the delivery of goods to a port other than the port indicated in the bill of lading;
2) delivery of cargo to a port other than the port indicated in the bill of lading, and without presenting the original bill of lading;
3) delivery of goods under a non-endorsed bill of lading (Fig. 3).
Rice. 3. An example of a letter of guarantee in exchange for delivery of goods to a non-endorsed bill of lading
Banks often turn a blind eye to similar situations, since such temporary blindness allows them to negotiate the letter of credit in favor of their client, for which, of course, they will take a commission. In order not to look like fraudulent transactions (of course, if they really are not), such letters of guarantee from time to time are provided with bank guarantees, depending on the financial condition charterer. Such bank guarantees, however, are extremely rare and are usually provided by banks that do not belong to the "community" of banks called the "first-class Western bank."
And in conclusion, we list some of the main types of bills of lading.
Onboard bill of lading- On Board Bill of Lading (Board B / L) - a bill of lading certifying that the goods accepted for carriage are actually loaded onto the ship.
Bill of lading for cargo accepted for loading,- Received for Shipment Bill of Lading (Received for Shipment B / L) - a bill of lading accepted for loading at the port awaiting a ship that has not yet arrived.
Share bill of lading- Delivery Order - document of title issued by the carrier or consignee with confirmation by the ship's captain. Used in case of partial sale of goods by the consignee before he took delivery. A shared bill of lading is an order to transfer a certain part of the transported cargo at the port of destination to another person.
Nominal bill of lading- Straight Bill of Lading (Straight B / L) - a bill of lading drawn up in the name of a specific consignee. According to the registered bill of lading, the cargo is transferred at the port of destination to the consignee specified in the bill of lading. It is possible to issue cargo to another person only on the basis of a transaction executed in compliance with the rules established for the transfer of a debt claim.
Blank bill of lading- Blank Bill of Lading - bearer bill of lading that is transferred in exchange for cargo by simple delivery.
Order bill of lading- Order Bill of Lading; Negotiable Bill of Lading (Negotiable B / L) - a bill of lading according to which the goods are transferred either by the "order" of the consignor, or by the "order" of the consignee, or by the "order" of the bank, or by the endorsement of the one whose "order" it was drawn up. If the order bill of lading does not indicate that it was drawn up by the "order" of the recipient, then it is considered that it was drawn up by the "order" of the sender. "Order" - a note about the person to whom the cargo is transferred. Suppose the recipient cannot work with the cargo at the port of destination, in this case the cargo is accepted by the forwarder, who will be this person.
Consolidated bill of lading- Combined (Collapsible) Bill of Lading - bill of lading for several goods intended for different consignees.
Linear bill of lading- Liner Bill of Lading (Liner B / L) - a bill of lading issued by or on behalf of the shipping company and covering carriage on ships operating on regular routes in accordance with established and published timetables.
Bill of lading with reservations("Unclean" bill of lading, "dirty" bill of lading) - Claused Bill of Lading (Claused B / L; Unclean Bill of Lading) - a bill of lading in which marks of damage to cargo and / or packaging are made.
Direct bill of lading- Direct Bill of Lading - a bill of lading covering shipment between direct ports of loading and unloading on the same vessel.
Through bill of lading- Through Bill of Lading (Through B / L, TBL) - a bill of lading that provides for the transshipment of cargo to another vessel at an intermediate point and covers all cargo transportation from the port of loading to the final destination. Such transportation is possible if the carrier has several regular lines in different directions or by agreement between two carriers - receiving the cargo at the port of departure and delivering it further from the port of transshipment. Usually, carriers who jointly transport cargo under a through bill of lading negotiate their mutual obligations - each carrier is responsible only for the section of the route on which he carries out the carriage. With a through bill of lading, it is important to have clear marks on the transfer of cargo from one carrier to another.
1 - The Bills of Lading Act 1855.
2 - Carriage of Goods by Sea Act 1992.
3 - International Convention of the Unification of Certain Rules of Law Relating to Bills of Lading.
4 - Hague-Visby Rules.
5 - UN Convention on the Carriage of Goods by Sea.
6 - 1978 Hamburg Rules.
7 - “Bill of Lading means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or “to order”, or “to bearer”, constitutes such an undertaking ”. United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules). Part I, Article 1 (translated by the author).
8 - Received for Loading.
9 - Loaded on board
10 - See Art. 2 COGSA 1992.
11 - Art. 3 The Bills of Lading Act 1855 & Art. 4 The Carriage of Goods by Sea Act 1992.
12 - Freight is paid according to the charter party (translation by author).
A bill of lading is a document issued by the carrier to the owner of the cargo. Its key feature is that the implementation of rights under it is possible only with the physical provision of the original. The copy, electronic and other forms of the document are not legally binding. Consider further the types and functions of the bill of lading.
General information
A bill of lading is a security that expresses ownership of a specific product specified therein. It is considered analogous to a waybill. It contains the terms of the contract for carriage by sea. A bill of lading is a document that allows the holder to dispose of the goods. It is issued after the recipient accepts the transported items. In practice, this document certifies the fact of the conclusion of the agreement. The procedure according to which the bill of lading is drawn up is established by the Merchant Shipping Code. The document is issued for any cargo, regardless of the method of transportation. Material values can be delivered with the provision of the entire vessel, certain of its premises, or without this condition at all. Having a customs bill of lading, the carrier carries out transportation according to the Hague rules. They are present in the International Convention of August 25, 1924. In the legislation of the states, other transportation rules may be established.
Tasks
Based on the properties described above, we can say that a bill of lading is a document used as:
- The carrier's receipt of receipt of the goods for transportation with a simultaneous description of its visually assessed condition.
- Consignment note.
- Confirmation of the contract for carriage.
- Title document.
The bill of lading can also act as security for a loan for shipped items.
Specificity
In the process of transportation of goods, as well as during its storage, it is temporarily alienated from the owner. This fact presupposes the existence of a loan relationship. However, it is not expressed in the form of lending. In this regard, a bill of lading is a document with properties similar to those of a warehouse receipt.
Signs
A bill of lading is a security:
- Debt.
- Non-emission.
- Documentary.
- Profitable.
- Urgent. The period of its existence will depend on the duration of the transportation.
- Name, order or bearer. It depends on the type of warehouse receipt.
- Nominated. The denomination is not the amount of money, but the actual amount of the transported cargo.
The document in question must be accompanied by an insurance policy for the transported cargo. In addition, the transfer of the bill of lading may be accompanied by the preparation (extract) of additional certificates. They may relate directly to the transportation of goods, their storage, and ensuring safety. These documents may be required when passing customs control... The list of necessary certificates for the movement of goods across the border is established by interstate agreements and the laws of specific countries.
Required details
No changes are allowed in the document. Forms of bills of lading must contain a number of mandatory details. Among them, of particular importance are:
- Shipper string. It indicates the name of the consignor of the cargo and its location.
- The Port of Discharge string. The port of unloading is entered in this column in accordance with the contract for carriage by sea.
- Consignee string. It contains the name of the consignee and its location.
- Description of Packages And Goods string. In this column, the characteristics of the cargo are entered, which are necessary for its identification (this is the mass, the number of places, etc.). In addition, there may be indications of its danger or specific properties. If the goods are sent in several containers on one bill of lading, you must enter the quantity and weight in each of them.
This information is indicated by the shipper. The carrier (agent of the sea, feeder, ocean lines) also enters certain data. In particular, he indicates in the bill of lading:
- Own name.
- In the Number of Original column - the number of originals of the bill of lading.
- Place and date of issue of the document.
Basic types
Initially, the bill of lading was used for the carriage of goods exclusively by sea transport. Currently, it is also used when moving goods in other ways. In this case, the document is called end-to-end. There are also the following types of bill of lading:
- Linear. It contains the will of the sender to conclude a contract for the carriage of goods.
- Charter. This document is issued to confirm the acceptance of goods that are transported under a charter contract. It is an agreement on the hiring of a ship for a specific voyage or for a specific period. Such a bill of lading does not act as a basis for the execution of a contract for carriage by sea. In such cases, separate freight agreements are concluded in the form of a charter.
Both of these bills of lading define the relationship between the carrier of the cargo and the third party - the holder of the document. It acts as a receipt that the carrier issues to the sender in confirmation that the objects are accepted for delivery, and together with this document of title. In this case, the conditions of sale and purchase and other operations in relation to the cargo are carried out using a bill of lading without the actual transfer of the goods itself.
Received for shipment (document for placement on board)
The bill of lading for placement on board the vessel confirms the acceptance of the goods - delivery under the protection of the ship. After loading, the shipowner provides a document certifying that the objects are ready for transportation. It is called an onboard bill of lading. The shipowner can also link the document to the name of the ship, the date at the port of shipment, indicating that the goods have been accepted by him. Such paper must have the same properties as a side bill of lading.
Clean bill of lading
The clean bill of lading does not contain any additional notes or clauses that directly state the defectiveness of the product or its container. As a rule, such a document indicates that the objects are outwardly in good condition. In the international banking system, with a letter of credit, as a general rule, bills of lading must be clean, unless otherwise specifically specified in the terms of the documentary credit.
Claused (reservations)
In some cases, a bill of lading is issued with a reservation. In such a document, the captain of the ship notes the circumstances related to visible defects of the container or cargo. In other words, he indicates the facts of non-compliance with the loading order. Such a document is accepted by the bank if the payment terms contain an accurate description of the marks or reservations that are allowed.
Through bill of lading
A through bill of lading is provided if the sea transportation is only a certain part the general route is either performed by two or more lines. In such situations, it is more convenient for the sender to draw up one document than to conclude a separate contract with each carrier. The sender who issues the bill of lading interacts only with the carrier who signs it. The transporter organizes reloading with subsequent delivery. For this he will charge a freight (additional charge).
Custody B / L (coastal act)
The document that is issued in confirmation of the acceptance of objects onshore (usually at the carrier's warehouse) is called the shore bill of lading. When placing the goods in respect of which it was issued, an appropriate note is made in it that the goods have been accepted, the date is indicated and other significant entries are made. In some cases, the shore bill of lading is replaced by an onboard bill of lading. 
Home bill of lading
This document is drawn up to prevent various problems associated with the transportation of goods. It is also used if:
- It is necessary to hide the path of travel and the real client.
- The shipper or agent provides additional services that are not provided for in the field of shipping.
- The freight was purchased from a carrier that does not have its own ships, but is a member of NVOCC, and this company needs to hide even the movement and the actual client for a specific cargo.
- The document is required before loading the goods on board. For example, this situation occurs if the sender uses a credit scheme in his work.
An important point
As mentioned above, certain details must be present in the bill of lading. In their absence, the document will not be considered a title of title. In this case, the bill of lading ceases to act as a security. The document is issued in several copies. One of them is provided to the sender. When the cargo is issued one of the copies, all the others lose legal force.
Recipient status
Depending on how this entity is defined, the bill of lading can be:
- Order-based.
- Named.
- Bearer.
The first is issued when a specific person has the right to dispose of whom exactly to issue the goods to. This possibility is reinforced by the words to order in the Consignee line. If this person is not specified, then the bill of lading will be considered "on the order of the sender". The registered document contains information about the recipient in the Consignee column. The line contains the name of a specific subject. The bearer bill of lading does not contain any specific information regarding the person entitled to receive the goods. In this regard, at the port of destination, objects must be issued to any entity that presents the document. The bearer bill of lading is rarely used, since any holder of it acts as the legal recipient.
Additionally
The bill of lading serves the turnover during transportation. Therefore, it can be transferred by interested parties to the relationship without any restrictions. For this reason, all bills of lading are considered negotiable. The difference between them lies in the way in which it is provided by one person to another. When the document is drawn up, its price is determined, among other things. It is set in accordance with the value of the cargo to be transported and the volume of costs for its transportation.
Bill of lading- This is an official document that is used in foreign trade and is issued by the carrier to the owner of the cargo after delivery and certifies the ownership of the cargo.
Initially, the bill of lading was used for the transportation of goods by sea. Now the bill of lading can cover transportation not only by sea or river transport, but also those cases when transportation is carried out by different modes of transport.
What functions does the bill of lading perform
The bill of lading is used as:
the carrier's receipt of receipt of the goods for transportation with a simultaneous description of its visually assessed condition.
consignment note.
confirmation of the contract for carriage.
document of title.
The bill of lading can also serve as security for a loan against shipped goods.
Procedure for working with a bill of lading
The work with the bill of lading is carried out in a certain order.
First, the consignor draws up a loading order, which contains detailed information about the product and its recipient.
After the ship has left the port, the navigator's receipt is changed to a bill of lading.
The last stage is the receipt of the cargo at the port of destination after the recipient presents a copy of the bill of lading.
Types of bill of lading
Various types of bills of lading are used in international trade.
The peculiarities of individual varieties of this document are determined by the method of transferring ownership of the goods.
For example, the name and address of a specific consignee is indicated in a registered bill of lading.
The order bill of lading has a transfer inscription, with the help of which the rights to the goods can be transferred to a third party. The order bill of lading is essentially classic and provides following rules legal relationship: the consignee of the goods has the right to transfer the possession of the goods to another person. An endorsement that indicates that such a right has been exercised is called an endorsement. The endorsement can be carried out several times. The number of facts of endorsement is not limited by law.
The bearer bill of lading does not contain endorsement and can be transferred to any person by simple delivery.
The last two types of bills of lading are negotiable, that is, the ownership of the goods can pass from one person to another several times.
Negotiable bills of lading are often used in international trade because goods are often resold and change ownership en route.
Negotiable bills of lading can also be used as additional security when obtaining a loan.
Types of bill of lading
Depending on the peculiarities of transportation, bills of lading can be charter and scheduled.
Voyage bills of lading are used for the carriage of goods on regular ships that operate according to a specific schedule.
Charter bills of lading are used for non-scheduled transportation.
If the goods are transported only by sea transport, from port to port, then a direct bill of lading is drawn up.
If the carriage is carried out by land and sea transport, then a through bill of lading is drawn up.
If the carrier discovers damage to the packaging or other defects during inspection of the cargo, then an unclean bill of lading or a bill of lading with reservations is issued.
If no defects are noticed, then a clean bill of lading is drawn up.
Mandatory details of the bill of lading
There are a number of requirements for the registration of a bill of lading, according to which this document must be drawn up legally and correctly.
These requirements are set out in the Merchant Shipping Code of the Russian Federation.
So, in the bill of lading, information on the quantity and condition of the shipment is mandatory. Since the bill of lading confirms the conclusion of an agreement between the carrier and the consignor of the cargo, the document indicates the name of the vessel and the place where the cargo was received.
No changes are allowed in the document. Forms of bills of lading must contain a number of mandatory details.
Among them, of particular importance are:
Shipper string. It indicates the name of the consignor of the cargo and its location.
The Port of Discharge string. The port of unloading is entered in this column in accordance with the contract for carriage by sea.
Consignee string. It contains the name of the consignee and its location.
Description of Packages And Goods string. In this column, the characteristics of the cargo are entered, which are necessary for its identification (this is the mass, the number of places, etc.). In addition, there may be indications of its danger or specific properties. If the goods are sent in several containers on one bill of lading, you must enter the quantity and weight in each of them.
This information is indicated by the shipper.
The carrier also enters certain data. In particular, he indicates in the bill of lading:
Own name.
In the Number of Original column - the number of originals of the bill of lading.
Place and date of issue of the document.
Thus, when drawing up bills of lading, the following procedure should be followed:
if it is a sea bill of lading, then in this document it is necessary to indicate the name of the vessel carrying out the transportation of the cargo, or of several vessels, which in the future will take on the responsibility of transportation.
it is necessary to indicate the data about the sender of the goods and its transporter.
also, it is mandatory to indicate the place where the contract was drawn up (more precisely, the place where the cargo was originally dispatched and the object where it should be shipped and handed over to the recipient).
the name of the physical or legal entity receiving the cargo.
if the document is issued to the bearer, then it is necessary to indicate the data of this representative in order to secure the transfer of the goods.
it is also necessary to indicate directly the name and characteristics of the cargo that is transported. It is important to accurately characterize its physical parameters: how much it weighs, and what volume it has, to give price estimate and analyze physical condition, fix the quantity / volume of goods.
specify all types of payment (freight) payable to the carrier.
fix exactly where and exactly when this document was issued, as well as the number of its copies.
an important requisite is the signature of the carrier, which may be the master of the ship or his representative, as well as other persons, if it comes on the through bill of lading.
Specific features of the bill of lading
It often happens that the party that should receive the goods is not always informed about the conditions of transportation, therefore, the document must prescribe the procedure for action by all parties in the event of an unforeseen circumstance that may negatively affect the quality of the goods or the timing of its delivery (unforeseen weather conditions, emergency situations).
In such cases, the conditions for limiting the carrier's liability are stipulated.
This is done for the sake of safety and insurance of the carrier in the event of consequences beyond his control.
Still have questions about accounting and taxes? Ask them on the accounting forum.
Bill of lading: details for the accountant
- Practice of the Supreme Court of the Russian Federation on tax disputes for April 2017
At the same time, the mandatory conditions of the bill of lading are spelled out in article 144 of the Code ... of destination, it is necessary to proceed from the content of the bill of lading, according to which the point of departure and ...
- Submission by civil servants of information on income for 2018
Investment share of a mutual fund, bill of lading, bond, check, savings certificate and ...
- What transportation of goods and people cannot be transferred to the payment of UTII?
Issuance of a bill of lading (bill of lading or other document for cargo ...
- October - 2018: rules for exporters adjusted
Tax authorities do not need; - copy of bill of lading, sea waybill or any other ...
- Is it obligatory to check the powers of the persons who signed the primary documents on the part of the counterparties?
2011 N 272, railway consignment note, bill of lading, consignment note in the form developed ...
- Delivery of goods by the seller can be transferred to UTII
Issuance of a bill of lading (bill of lading or other document for cargo ...
Comparative characteristics of contracts for the carriage of goods by sea and contracts for the chartering of a vessel
| Main characteristics | Contract of carriage of goods by sea | Time charter charter | Bareboat charter agreement |
| Purpose of the contract | Provision of services for the movement of cargo | Provision of a vessel for temporary use and crew services | Provision of a vessel for temporary use and possession |
| Subject of the contract | Cargo movement activities | Vessel and crew services | Vessel |
| Ownership of the ship belongs to | To the ship owner | To the ship owner | For the charterer |
| Intended use of the vessel | For the carriage of goods only | For any purpose of merchant shipping | |
| Subordination of the crew: A) on issues of commercial exploitation; B) on other issues | Shipowner Shipowner | Charterer Shipowner | Charterer Charterer |
| Freight | Depends on the amount of cargo, as well as on additional. ports of call | Does not depend on the amount of cargo, its presence on the ship, the efficiency of the ship's operation | Does not depend on the amount of cargo, its presence on the ship, the efficiency of the ship's operation |
| The risk of damage and loss of the vessel: a) in connection with commercial exploitation; b) for other reasons | Shipowner Shipowner | Charterer Shipowner | Charterer Charterer |
| Responsibility of the parties | The carrier is fully responsible (within the limits stipulated by the KTM RF) | The shipowner is responsible only to the extent that he is responsible for the actions of the crew members. Charterer by agreement | Shipowner only as owner of the vessel; Charterer is negotiable; non-contractual (as a ship owner) |
The legal nature of the contract of carriage of goods by sea in general and the charter of one of its varieties remains within the framework of contracts of carriage. The subject of these agreements is the provision of services of a special kind - services for the movement of goods in space.
International line services are organized by sea carriers on stable geographic directions international trade finished industrial products, semi-finished products, food and other goods. International lines connect the main world economic centers (Western Europe, North America and the Far East) and these centers with other regions. A feature of liner shipping is the securing of ships in this direction and their regular calls at certain ports according to a pre-announced schedule. The volume of services rendered by sea line carriers, shippers and consignees is much larger than in tramp shipping. Sea line carriers undertake to pay the cost of loading goods at the port of departure and unloading at the port of destination. Additional costs of shipowners associated with the specifics of liner conditions are reimbursed in the liner shipping tariffs.
In most cases, the contract of carriage in liner shipping is a Bill of Lading (English). The bill of lading is of particular importance in the relationship between the shipowner and the recipient of the cargo, being the only document regulating these relations. Bill of lading is a security that expresses the ownership of a specific product specified in it. The bill of lading is a transport document containing the terms of the contract of carriage by sea, it is a document, the holder of which is entitled to dispose of the cargo, and is issued by the carrier to the sender after receiving the cargo, and certifies the fact of the conclusion of the contract. A bill of lading is issued for any cargo, regardless of how the carriage is carried out: with the provision of the entire vessel, individual ship premises or without such a condition.
1. After accepting the goods for carriage, the carrier, at the request of the sender, is obliged to issue a bill of lading to the sender.
2. The sender guarantees to the carrier the accuracy of the data provided for inclusion in the bill of lading, and is liable for losses caused to the carrier as a result of the unreliability of such data.
The bill of lading has three functions:
a) testifies to the conclusion of a contract of carriage;
b) is a receipt for receipt of the goods by the carrier;
c) is a document of title (security). The bill of lading is not a contract of carriage, but only one of the evidence of the conclusion of a contract of carriage and the terms of such an agreement. Usually the forms of bills of lading are developed by the carriers themselves or the relevant non-governmental international organizations(BIMCO, FIATA, etc.). They contain (on the front and back) quite detailed conditions transportation. In international navigation, the so-called "short" forms of bills of lading are also widely used, which contain a minimum of necessary conditions and refer to the corresponding full conditions or charters (if the bill of lading is issued on the basis of a charter). So, the short form, usually used by Russian carriers, was developed on the basis of the full form of the bill of lading KE-2.4.L. It does not contain the text on the reverse side, but on the front side indicates that the contract of carriage, evidence of the conclusion of which is this short form, is governed by the conditions contained in the bill of lading КЭ-2.4.Л, a copy of which can be obtained at the office of the carrier or his agent.
The bill of lading is a marketable security.
A bill of lading is a document issued by the shipowner to the consignor in the certificate of acceptance of the cargo for carriage. by sea... The bill of lading is: a receipt from the carrier or his agent confirming that the cargo has been loaded onto a specific vessel or taken to a warehouse for loading; proof of a contract of carriage by sea between the shipper and the carrier. The bill of lading as a contract of carriage by sea is issued after the conclusion of the contract of carriage. The bill of lading acts as a document of title that allows the buyer to dispose of the cargo while he is still at sea, to transfer the right to own the cargo if the cargo was individualized (ascertained good) or specific (specific good) goods upon agreement of the parties.
The bill of lading performs the fourth function - it is a negotiable instrument - a quasi-negotiable instrument.
The conditions of carriage (printed) are indicated on the bill of lading on one of the parties. On the other side of the bill of lading, the data concerning the given loading are indicated, namely:
1. The name of the shipping company.
2. Bill of lading number. As a rule, the bill of lading is numbered according to the ports of destination, but sometimes this rule is violated.
4. Name of the consignor. If the agent (forwarding) is indicated in the bill of lading as the consignor of the cargo, then it will undoubtedly contain the addition of as agent or as agent for ...., that is, only as an agent, indicating the name of the real shipper Expression "as agent for. .. "is some risk for the broker in case of difficulties related to the payment of freight. Therefore, usually the broker does not include the above clause until payment of the freight is guaranteed.
5. The name of the consignee (this does not apply to the order bill of lading).
6. Address, name of the partner at the port of destination, which must be announced by the broker upon arrival of the vessel; therefore, he can arrange the acceptance of the delivered cargo.
7. Name of the vessel.
8. Name of the port of loading.
9. Name of the port of unloading and, if applicable, the final destination of the cargo, as well as an optional port.
10. Port where freight is paid. The stamp "Freight prepaid" means the freight is paid at the port of loading. In fact, the shipper will not be able to dispose of the bill of lading until the freight has been paid. The stamp "Freight to be collected" or "Freight payable as destination" means that the freight must be paid at the port of destination In this case, the freight is paid before receiving the goods.
11. Bills of lading are issued in several copies: the original (or originals) and copies. The shipper decides how many originals of the bill of lading must be signed (usually 2 or 3). If more than one original is made, this must be indicated on the bill of lading. If one original is lost, the shipment can be received according to the second original.
Originals of bills of lading are usually sent by separate mail. If the letter says: "Herewith we send you 2 / 3original B / L., This means that 3 originals have been made, 2 of which are attached.
The number of copies (copies cannot be the subject of the transaction) depends on the needs of the parties. These parties are: shipper, shipping company (ship owner), agent at the port of loading, cargo assistant to the captain (chief or second mate), agent at the port of discharge, and (as appropriate) a forwarding agent if he acts on behalf of the shipper.
12. The bill of lading contains a description of the cargo, gross weight, number of pieces, marking. Usually the description of the cargo is given briefly, but it happens that a detailed description of the cargo is required (in the case of a bank loan or to obtain an import license).
13. At the bottom of the bill of lading, the date and port of delivery.
14. Name and signature of the broker or signature of the person authorized to sign on his behalf.
There are three types of bill of lading:
Order; -per bearer; -name.
Order bill of lading(order B / L) - security for which the cargo
issued either by order of the sender or recipient, or by order of the bank. The order bill of lading is the most common in the practice of shipping.
Nominal bill of lading(straight B / L) - a security in which the name of a specific recipient is indicated. The goods are delivered directly to the consignee specified in the bill of lading. Nominal is the direct opposite of an order bill of lading.
Bearer bill of lading(to bearer B / L) - a document indicating that it is issued to the bearer, i.e. it does not contain any specific data regarding the person entitled to receive the goods, and therefore the goods at the port of destination must be released to any person presenting them.
V Lately Combined transport of goods by various modes of transport - by water, land, rail, etc., has developed, which required a combined transport document Combined transport B / L, since it coordinates the actions of various types of transport, it must be issued by one of the carriers - a shipowner or a cargo a freight forwarder acting as a carrier or an agent on behalf of a carrier.
There are three types of through bill of lading: sea, regular and multimodal transport bill of lading.
Sea through bill of lading is a series of independent contracts for the carriage of goods by two or more subsequent carriers. Each of the carriers is responsible for the cargo entrusted to him on the site and during the period of time specified by his bill of lading.
The usual through bill of lading is a document confirming
responsibility of the person who issued it for the carriage of goods by subsequent carriers from the place of loading to the place of destination. A regular through bill of lading covering at least two different kinds transportation is called a bill of lading for multimodal transport of goods or multimodal.
A sea through bill of lading claim may be brought against the original carrier.
According to the through bill of lading, the freight is paid either at the port of loading by the consignor, or at the port of unloading by the recipient of the cargo, regardless of the ports of transshipment.
As a form of contract sea transportation in liner shipping uses bills of lading linear, charter, coastal, airborne. Linear bill of lading(linear B / L) - a document that sets out the will of the sender aimed at concluding a contract for the carriage of goods. Charter bill of lading(charter B / L) - a document issued in confirmation of acceptance of cargo transported on the basis of a charter. A charter is a charter agreement, i.e. agreement on the hiring of a vessel for a voyage or for a specific time. The charter bill of lading does not serve as a document for the execution of the contract of carriage by sea, since in this case a separate contract is concluded for the freight of the vessel in the form of a charter.
Coastal bill of lading(custody B / L) - a document that is issued in confirmation of the receipt of cargo from the sender on the shore. When accepting cargo on board for which a coastal bill of lading has been issued, a note is made in it about the loading of the goods on the ship and the date of loading and other marks are indicated. Sometimes the coastal bill of lading is replaced by an onboard one.
Onboard bill of lading(on board B / L) - a document issued when the goods are loaded onto the ship.
Bill of lading which does not contain any irregularities in the cargo or packaging, is called clean B / L - clean bill of lading. The antonym of a clean bill of lading is a "unclean" bill of lading (foul, unclean, claused), a bill of lading that contains a clause about damage to the cargo, packaging irregularities, shortages, etc.
According to paragraph 1 of Art. 142 KTM, after accepting the goods for carriage, the carrier, at the request of the sender, is obliged to issue a bill of lading to the sender. This provision corresponds to paragraph 1 of Art. 14 of the Hamburg Rules and makes it completely clear whether the carrier's obligation to issue a bill of lading is unconditional or depends on the discretion of the sender. The bill of lading has three functions:
a) testifies to the conclusion of a contract of carriage;
b) is a receipt for receipt of the goods by the carrier;
c) is a document of title (security).
The bill of lading is not a contract of carriage, but only one of the evidence of the conclusion of such an agreement and its conditions. As already noted, usually the carriers themselves develop the forms of bills of lading. These forms contain (on the front and back sides) rather detailed conditions of carriage. In international shipping, so-called short forms of bills of lading are also used, which contain only the minimum necessary conditions and refer to the corresponding full conditions or charters (if the bill of lading is issued on the basis of a charter). They do not contain text on the reverse side, but on the front side it is indicated that the contract of carriage, the evidence of which is this short form, is governed by the conditions contained in the full form, a copy of which can be obtained from the office of the carrier or his agent.
According to Art. 143 of the Civil Code, among others (bonds, promissory notes, checks, shares, etc.), a bill of lading also applies to securities. As follows from this list, they can be monetary, giving the right to certain participation in activities joint stock company, and commodity, i.e. securities that embody the right to certain goods. The bill of lading is precisely a commodity security.
It is a contract of accession in the sense of Art. 428 CC. The bill of lading is drawn up on the basis of a document signed by the sender, which must contain the data specified in sub. 3 - 8 p. 1 of Art. 144 KTM. According to the Rules for the Registration of Cargo and Shipping Documents, approved by the USSR Ministry of Marine Transport on January 2, 1990, upon presentation of the cargo in inter-port traffic, the sender is obliged to fill out a loading order, and for export traffic - a shipment order.
The sender guarantees to the carrier the accuracy of the data provided for inclusion in the bill of lading, and is liable for losses caused as a result of the inaccuracy of such data. This provision corresponds to paragraph 5 of Art. 3 Hague-Visby Rules. However, the carrier's right to compensation for damages by the sender does not preclude the carrier's liability under the contract of carriage to any person other than the sender.
The sender has the right to demand from the carrier the issuance of a sea waybill or other document confirming the acceptance of the goods for carriage instead of the bill of lading. The rules established for bills of lading are applied to such documents, with the exception of the rules regarding bills of lading as documents of title (Art. 143 KTM).
For various reasons, the use of bills of lading in maritime transport is decreasing. This is due both to an increase in the speed of transportation, and to the development of transportation between the main company and its branches abroad. These shipments are not preceded by the sale and purchase of goods, and the parties do not need documents of title. Recently, a large number of waybill forms have appeared, among which one can name the form of the General Council of British Shipping (The GGBS Waybill), the BIMCO form (Genwaybill). The International Maritime Committee has developed the CMI Uniform Rules for Waybills. They apply to contracts of carriage for which a bill of lading or other similar title deed is not issued. Sea waybill issued by the carrier at the request of the sender in accordance with Art. 143 KTM, performs only two functions: it indicates the existence of a contract of carriage and its conditions and is a receipt confirming the receipt of the goods by the carrier.
Article 144 of the KTM is devoted to the details of the bill of lading. The following data must be included in the bill of lading:
1. The name of the carrier and its location.
2. The name of the port of loading in accordance with the contract of carriage of goods by sea and the date of acceptance of the goods by the carrier at the port of loading.
3. The name of the sender and its location.
4. The name of the port of unloading, in accordance with the contract of carriage of goods by sea.
5. The name of the recipient, if specified by the sender.
6. The name of the cargo, the main marks required for the identification of the cargo, an indication, if appropriate, of a hazardous nature or special properties of the cargo, the number of pieces or items and the mass of the cargo or its otherwise indicated quantity. In this case, all data is indicated as presented by the sender.
7. The external condition of the cargo and its packaging.
8. Freight in the amount payable by the recipient, or other indication that the freight is to be paid by him.
9. Time and place of issue of the bill of lading.
10. The number of originals of the bill of lading, if more than one.
11. Signature of the carrier or person acting on his behalf.
In clauses 1 - 5 we are talking about the usual details arising from the terms of the contract for the sale of goods. Taking into account the peculiarities of the bill of lading as a document of title, the name of the recipient may be missing in the bill of lading. All data referred to in clause 6 are included in the bill of lading on the basis of the documents submitted by the sender. It should be noted that the carrier must indicate in the bill of lading the number of pieces or items and the mass of the cargo and its quantity.
According to clause 7, the carrier is obliged to indicate the external condition of the cargo and its packaging, which corresponds to clause 4 of Art. 3 Hague-Visby Rules. This indication is based not on the data of the sender, but on the carrier himself, who is obliged to check the external condition of the cargo. In practice, the carrier can only check the external condition of the unpackaged cargo, and in many cases this statement applies to packaging. Usually the bill of lading contains the standard clause that “the goods are loaded in good condition outward appearance condition "(Shipped in apparent good order and condition). As a rule, all bills of lading on the front side contain a provision on the external condition of the cargo. Article 145 of the KTM contains the following presumption: if the carrier or another person issuing the bill of lading on his behalf does not indicate in it the external condition of the goods, it is considered that the good condition of the goods is indicated in the bill of lading.
The provision on the inclusion of conditions for freight payable by the consignee (clause 8) was included in the interests of the consignee in the Hamburg Rules and is secured in them by the presumption contained in clause 4 of Art. 16: Unless an indication of the freight or other indication that the freight is to be paid by the consignee is included in the bill of lading, it shall be deemed that no freight is due from him. The KTM does not include a similar provision.
The moment of acceptance of the cargo by the carrier may not coincide with the moment of loading the cargo onto the ship, while the seller is obliged to submit to the bank an on-board bill of lading, i.e. a document confirming the loading of the goods on board the vessel. Therefore, at the request of the sender, the carrier is obliged to replace the bill of lading confirming the acceptance of the goods for shipment (received for shipment bill of loading) with a shipped bill of loading or make an appropriate mark on the already issued bill of lading (on board notation) indicating the date of loading the cargo ...
In Art. 144 KTM used the expression: "The bill of lading must include ..." certain data, while in accordance with paragraph 3 of Art. 3 of the Hague-Visby rules, the bill of lading must "contain" these data "among others", and clause 1 of Art. 15 of the Hamburg Rules stipulates that a bill of lading, "in particular", must include certain data. The list of data given in art. 144 KTM is also not mandatory - the parties to the contract for the sale of goods decide for themselves what information in the transport documents they need, and therefore, by agreement of the parties, other data and reservations may be included in the bill of lading. The absence of any data does not affect the legal nature of the document as a bill of lading, provided that it meets the requirements for documents of title. According to paragraph 1 of Art. 145 KTM in the event that the bill of lading contains data that relate to the name of the cargo, its main brands, the number of places or items, the mass or quantity of the cargo and in respect of which the carrier knows or has reasonable grounds to believe that such data does not correspond to the actually accepted cargo, or loaded goods, or the carrier did not have a reasonable opportunity to verify the specified data, the carrier must insert a clause in the bill of lading specifically indicating inaccuracies, grounds for assumptions or the lack of a reasonable possibility of verifying said data. This provision is a novelty of the Russian maritime legislation and corresponds to clause 1 of Art. 16 Hamburg Rules. It is usually customary to distinguish between reservations regarding marking, weight (including the weight of the cargo carried in closed devices). The introduction of reservations, as appropriate, is no longer a right, but an obligation of the carrier, who must not only enter a reservation specifically indicating inaccuracy, but also indicate the reasons for such assumptions and justify the absence of a reasonable possibility of verification.
In accordance with paragraph 4 of Art. 3 of the Hague-Visby Rules, a bill of lading issued by a carrier creates a presumption, unless proven otherwise, of acceptance by the carrier of the goods as described therein. Proof to the contrary is not permitted if the bill of lading is transferred to a third conscientious acquirer. This decision is contained in paragraph 3 of Art. 145 KTM: in relations with the sender, even the data that was included in the bill of lading without reservation is only prima facie evidence, i.e. the carrier can prove that the details of the bill of lading are inaccurate. In the relationship of the carrier with a third party who has acted in good faith, relying on the description of the goods contained in the bill of lading, the bill of lading is conclusive evidence, i.e. proof of the contrary by the carrier is not allowed.
According to Art. 145 CC, rights certified by a security may belong to the bearer of the security (bearer security); a person named in a security (registered security) and a person named in a security who can exercise these rights himself or appoint another authorized person (order security) by his order (order). Article 146 of the KTM follows this classification of securities and provides for the possibility of issuing a bill of lading in the name of a specific recipient (nominal bill of lading), by order of the sender or recipient (order bill of lading), or to bearer. Since instructions on the disposal of goods carried under an order bill of lading can be given by the sender or the recipient, it is possible to issue two types of order bills of lading. If the order bill of lading does not contain an indication of the order of which of these two persons it was issued, it will be considered that the bill of lading was issued by the order of the sender.
The number of originals of the bill of lading is determined by the parties to the contract for the sale of goods and communicated by the sender to the carrier. Each bill of lading indicates the number of original bill of lading available. After the delivery of the goods on the basis of the first of the presented originals of the bill of lading, the rest of its originals become invalid.
Delivery of cargo, the carriage of which is carried out on the basis of a bill of lading, is carried out by the carrier upon presentation of the original:
A nominal bill of lading - to the person specified in the bill of lading, or to the person to whom the bill of lading was transferred by a nominal transfer signature or in another form in accordance with the rules established for assignment of a claim (clause 1 of article 382 of the Civil Code);
Order bill of lading - to the person on whose order the bill of lading was drawn up or to the person indicated as the last of a continuous series of such inscriptions. The rights under the order bill of lading are transferred by making a transfer signature on it - endorsement (clause 3 of article 146 of the Civil Code). The registration on the bill of lading with a name inscription turns it into a registered security, and a blank endorsement means that the cargo must be issued to any legal owner of the bill of lading, i.e. to the bearer;
Bearer bill of lading - to any person presenting the bill of lading, as it can be transferred by simple delivery.
If the carriage of goods is carried out on the basis of a sea waybill or on the basis of a similar document, the carrier can issue the goods to the recipient specified in such a document, or to the recipient specified by the sender (Art. 158 KTM).
The sender has the right to dispose of the cargo until it is handed over to the recipient or before such rights are transferred to the recipient or a third party. He is obliged to notify the carrier that the right to dispose of the goods has been transferred to him (Art. 149 KTM). The consignor may also demand the return of the cargo at the place of departure before the ship departs, the release of the cargo at an intermediate port or its release to a different consignee, which is indicated in the document. However, for this, he must submit all originals of bills of lading issued to him or the corresponding security. According to Art. 329 of the Civil Code, the fulfillment of an obligation can be secured by a pledge, a bank guarantee and other methods provided for by law or agreement. Most often in maritime shipping, liabilities are secured by a bank guarantee or a guarantee from insurers. According to Art. 368 of the Civil Code, by virtue of a bank guarantee, a bank, other credit institution or an insurance organization (guarantor) give, at the request of another person (principal), a written obligation to pay the principal's creditor (beneficiary) in accordance with the terms of the obligation given by the guarantor, a monetary amount upon presentation by the beneficiary of a written demand for its payment ... Russian banks have the right to issue guarantees on the basis of Art. 5 Federal law of December 2, 1990 N 395-1 "On Banks and Banking Activities" as amended by Federal Law of July 7, 1995 (February 3, 1996) N 17-FZ with subsequent amendments and additions (SZ RF. 1996. N 6. Art. 492). In accordance with the Uniform Rules for Demand Guarantees (publication of the International Chamber of Commerce No. 458), the guarantee, in particular, must reflect the following information: the name of the principal, the name of the beneficiary, the maximum amount to be paid, the name of the payment currency, the duration of the guarantee , the method of claiming payment. The guarantee text includes a clause on its irrevocability and an indication that it is unconditional.