Bill of Lading

中图分类号：F740 文献标识：A 文章编号：1009-4202(2011)08-000-01

Abstract This essay will firstly discuss the information carrying in the B/L with particular reference to the importance of its role in international trade，and a detailed analysis of carrier is given in this essay as well. Then, the legal effect of Bolero bill of lading will also be stated.

Key Word Bill of Lading Consigner Carrier Bolero bill of lading

Bill of lading is a document which contains essential information. It uses in international trade for various purposes, such as finance, insurance, transfer property. The definition of bill of lading in Hamburg Rules (1978) is “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.” In Benjamins (4th edition), “bill of lading is a document issued by or on behalf of a carrier of goods by sea to the person (usually known as the shipper) with whom he has contracted for the carriage of goods”.

There are normally two parts in B/L, consigner (shipper) and carrier. Here carrier is “the owner or the charterer who enters into a contract of carriage with a shipper. (CGOSA 1971 Article Ⅰ(a)) Tow options of carrier can be find from the concept: shipowner and charterer. Because of the one year time suit limitation in COGSA 1971 ArticleⅢ(6), it is extremely significant for plaintiff to identify the carrier before he start the litigation. Otherwise he sue the wrong person while time slips, he lost their right.

In order to identify the carrier, the charter party should be clarified at first. There are two kinds of charterer party: demise and none demise. Demise charterer party means charterer lease a ship from shipowner, master and all the crew are the servant of charterer; none demise charter party means charterer hire a ship from shipowner, master and crew are not servant of charterer. The term “sign on behalf” appear in B/L refers to the carrier, in one hand, if it is “sign on behalf of master”, in general rule, under demise charter party, charterer is the carrier while under none demise charterer party, carrier is shipowner. All this can get from the cases: Manchester Trust v Furness, which is none demise charter party containing a clause that master sign the B/L as agent of charterer, court held that the clause “was binding only between the owners and the charterers, and did not affect the liability of the owners to the holders of the B/L”. Baumwoll v. Furness, which is demise charter party, shipowner is not liable to the loss of goods. Sandeman v. Scurr, which is none demise charter party, master, crew and stevedore are all from shipowner, so carrier is shipowner. The Rewia, which is also an owner’s bill, shipowner is the carrier. On the other hand, if it is “sign on somebody else”, then we come to the case “Starsin” In Starsin, it is a demise charter party, carrier supposes to be the charterer, but the ‘Identity of Carrier Clause’ (cl.33) and the ‘Demise Clause’ (cl.35) in the standard conditions which appeared on the reverse of the bill making the shipwner the Carrier. House of Lords' judgment in this case is that the B/L is charterer’s bill. “Given the speed at which (on the front of the bill) should carry greater weight than an analysis of the standard form clauses on the back of the bill” (Schmitthoff, 2007, pp.348)

After discuss the information carrying in the B/L, following paragraph will focus on the legal effects Bolero bill of lading reproduced compaired with traditional paper bill of lading.

BBL(Bolero bill of lading) is a kind of B/L which consists of the series of EDI messages which sent and received among a carrier, shipper, and consignee. Secure and cost effective are the most significant advantages of BBL and because it is paperless, signature used to identify the party of B/L and numbers if original document which are include in B/L cannot make up by BBL.

Compared with the function of traditional B/L, mentioned above, there is basically no problem with BBL in the functions about receipt and evidence of contract since the transmission of information can be easily performed. Only question about the contractual right is the exchange of the terms and condition which normally printed on the reverse side of traditional B/L cannot be allowed by the standardized formats of BBL, which has been solved by the reference to the standard forms. However，when it comes to the document of title, the electronic version will have legal constrains. because it is impossible to have BBL in physical possession, it doesn’t have the transferability which plays an important role in the function of document of title. Through the registry systerm can be used to imitate the negotiability of B/L in the rechnical aspect, the most import things is to put it into practice and its legal validity. In fact, at present court are not willing to accept the BBL as a document of title, paper copy are more preferred by bank, finance and insurance systerm. (Pejovic. C)

Reference

[1]Benjamin, Sale of Goods (1997 new ed. due).

[2]Carr, Principles of International Trade Law (Cavendish, 2nd. ed 1999)

[3]Schmitthoff's Export Trade (10th ed. By Leo D’Arcy, Carole Murray and Barbara Cleave, Sweet & Maxwell, 2000)