Rules of Law Relating to Bills of Lading

Unless the loss or damage and the general nature of such damage are notified in writing to the carrier or its agent at the port of unloading before or at the time of delivery of the goods in the custody of the person entitled to delivery under the contract of carriage, or, if the loss or damage is not apparent: Within three days, such removal shall be deemed prima facie evidence of delivery of the goods by the carrier, as indicated in the bill of lading. Notwithstanding the foregoing articles, the carrier, the master or his representative and a shipper are free to enter into an agreement with respect to certain goods concerning the carrier`s liability in respect of such goods and the carrier`s rights and immunities in respect of such goods. its seaworthiness obligation, in so far as this provision is not contrary to public policy, or to the care or diligence of its servants or representatives in respect of the loading, handling, stowage, carriage, custody, carriage, custody and unloading of goods carried by sea, provided that, in this case, no bill of lading has been or is being issued and the agreed terms are set out in an acknowledgement of receipt; the only non-transferable document and must be marked as such. The provisions of this Convention shall not apply to Contracting Parties to the Charter, but when bills of lading are issued in the case of a ship subject to a Charter Party, they shall comply with the provisions of this Agreement. Nothing in these rules precludes the inclusion of a general average provision in a bill of lading. A certified copy of the oral proceedings concerning the first deposit of the instruments of ratification, the notifications referred to in the preceding paragraph and the instruments of ratification annexed thereto shall be transmitted without delay by the Belgian Government through diplomatic channels to the Powers which have signed or acceded to the present Convention. In the cases referred to in the preceding paragraph, the said Government shall at the same time inform them of the date of receipt of the notification. Bill of lading, a document issued by a freight forwarder, such as a railway or shipping company, confirming receipt of the goods and containing an agreement on the carriage of the goods to a specified destination. Bills of lading are closely related to storage notes, which contain an agreement on storage and not on transport. Both may be negotiable if they provide that the goods are not delivered to a specific person but generally in the name of a specific person; That person may stamp the document and hand it over to another person, who is then entitled to receive the goods.

Such a document of exchangeable goods, which requires delivery of goods, must be distinguished from negotiable commercial instruments such as banknotes and bills of exchange, which require the payment of money. See also charter party. Upon receipt of the goods in its custody, the carrier or the master or his representative shall, at the shipper`s request, issue a bill of lading indicating, inter alia, the number, quantity or weight which the carrier has reason to believe do not accurately represent the goods actually received or which cannot reasonably be expected to be controlled by the carrier. The Hague Rules were slightly amended (from 1931 and others in 1977 and 1982) and became the Hague-Visby Rules. In addition, the United Nations has introduced a fairer and more modern set of rules, the Hamburg Rules (which entered into force in 1992). The provisions of this Convention shall apply to any bill of lading relating to the carriage of goods between ports situated in two different States, provided that, in the cases referred to in article 4, paragraph 2 (c) to (p), the holder of a bill of lading is entitled to claim liability for loss or damage resulting from the personal fault of the carrier or the fault of its servants, other than those referred to in point (a). Unless the nature and value of such goods have been specified by the shipper prior to shipment and indicated in the bill of lading, neither the carrier nor the vessel shall in any event be liable for any loss of or damage to or in connection with the goods in excess of 666.67 units of account per package or unit or 2 units of account per kilogram of gross weight of the lost goods. or damaged, whichever is greater. [[2]] Nothing in this Convention shall affect the rights and obligations of the carrier under any law currently in force on the limitation of the liability of owners of seagoing ships. At the time of signature of the International Convention for the Unification of Certain Rules relating to Bills of Lading, the plenipotentiaries listed below accepted this Protocol, which shall have the same force and force as if its provisions had been inserted into the text of the Convention to which it refers. (a) This Treaty shall be governed by the International Convention for the Unification of Certain Rules relating to Bills of Lading, signed at Brussels on 25 August 1924 (“The Hague Rules”), as in force in the country of dispatch. If the Hague Rules are not adopted in the country of dispatch, the corresponding legislation of the country of destination applies, regardless of whether that legislation can only regulate outbound consignments or not.

The term “contract of carriage” applies only to contracts of carriage that are the subject of a bill of lading or similar ownership document, to the extent that such document relates to the carriage of goods by sea, including a bill of lading or similar document issued under or pursuant to a contract of affreightment, from the date on which that bill of lading or similar ownership document governs the relationship between a carrier and a carrier. Same.