The Bill of Lading — a Document of Title to the Goods
A bill of lading is a document of title to goods which confirms the contract of carriage by sea and the taking over or loading of the goods by the carrier. Three functions merge in this definition: the bill proves the existence of the contract, evidences the carrier's taking over of the goods, and — as a dispositive document — determines how authority over the goods is exercised. That is why the law provides directly: upon presentation of the bill of lading the carrier is obliged to deliver the goods — the presenter acquires the right to receive them, and the carrier no longer searches for another consignee. To whomever the bill of lading is transferred, the fate of the goods attaches — which makes this document the central instrument of the commercial circulation of a sea carriage.
Issuance of the Bill of Lading and Alternative Documents
After taking over the goods the carrier is obliged, at the shipper's demand, to issue to him a bill of lading — or a sea waybill — confirming that the carrier has taken over the goods indicated in the bill of lading. Instead of a bill of lading or sea waybill, the carrier may issue another document confirming the taking over of the goods for carriage; such a document constitutes primary evidence both of the carrier's taking over of the goods as described in the document and of the contract of carriage by sea. The bill of lading is drawn up on the basis of a document signed by the shipper containing the data indicated in subparagraphs „a“ to „k“ of the Code. The rule of liability is particularly important here: the shipper answers to the carrier for the consequences of the entry of incorrect, inexact or incomplete data in the document — the accuracy of the data is thus the shipper's concern, not the carrier's.
The Required Contents of the Bill of Lading
The law defines the mandatory contents of the bill of lading in detail. The following must be indicated in it: the general characteristics of the goods, the principal identification marks, an express statement of dangerous or special properties, and the number of places or objects and the weight or quantity — all as presented by the shipper; the apparent order and condition of the goods; the carrier's name and the address of its principal place of business; the shipper's name; the mode of delivery — to a named consignee (straight bill), to the order of a named person (order bill) or against presentation (bearer bill); the port of loading and the date of taking over of the goods; the port of discharge; the number of originals where more than one is issued; an indication whether the carriage is governed by the 1924 International Convention for the Unification of Certain Rules of Law relating to Bills of Lading — the Hague-Visby Rules — or the 1978 United Nations Convention on the Carriage of Goods by Sea — the Hamburg Rules; the possibility of deck stowage; the freight payable by the consignee; the place and date of issue; and the carrier's signature or that of a person acting on its behalf. This catalogue is not a formality: in a later dispute over shortage, damage or delay, each entry becomes a means of proof.