Rail waybill

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German rail waybill (1892)
Waybill 2019

The railway waybill ( English railroad waybill, rail consignment note ) is in the freight business the rail freight transport a document accompanying the goods , which during transport of goods to the freight train is issued.

General

It is one of the waybills intended for transport by land (road: CMR waybill , rail: rail waybill ), by water ( inland waterway transport : loading note , sea ​​transport : sea ​​waybill ) or in the air ( air waybill ). Like all other waybills, the rail waybill also certifies that the freight carrier ( railway company ) has accepted precisely specified freight for transport in freight trains.

The international "CIM consignment note", which is based on the Convention on International Rail Traffic, has been in use since July 2006 . In its Appendix B, the carriage of goods is regulated by the “Uniform Rules for the Contract for the International Carriage of Goods by Rail” ( French Règles uniformes concernant le Contrat de transport international ferroviaire des marchandises , abbreviated CIM). The "CIM consignment note" is issued by most of the European and sometimes non-European railway administrations. The uniform form is filled out in five copies by the sender.

history

The first land waybill to be used in Europe dates from 1337 and came from Doge Francesco Dandolo from Venice . A first rail waybill appeared in 1849 from the Bavarian railroad administrations, another copy appeared in 1856. In October 1856, the Royal Supreme Court of Appeal in Munich ruled that no verbal side agreements may be made with an existing rail waybill. The first precise regulations were in the ADHGB of May 1861, which contained regulations for land and inland waterway transport (Art. 390 ff. ADHGB) and rail transport (Art. 421, Paragraph 1 ADHGB). Sections 422 ff. ADHGB deal primarily with questions of liability . The Railway Traffic Regulations (EVO) specified the content of the railway waybill for the first time in November 1892. According to this, every consignment had to be accompanied by a rail waybill, the content of which is specified in Section 51 EVO a. F. was regulated. The form of the consignment note shown resulted from § 52 EVO a. F.

In July 2006 today's international "CIM consignment note" appeared.

Legal issues

The "CIM consignment note" is subject to the freight law of the Commercial Code (HGB), which generally only regulates the consignment note. The "CIM consignment note" signed jointly by the sender and the carrier serves - until proven otherwise - as proof of the conclusion and content of the carriage contract and for the acceptance of the cargo by the carrier ( § 409 Paragraph 1 HGB). A reversal of the burden of proof is associated with this presumption . Because according to § 292 ZPO , the existence of the cited fact must be assumed until the contrary is proven. In accordance with Section 408 (2) of the German Commercial Code, the consignment note is issued in three original copies that are signed by the sender. The sender can request that the carrier also signs the consignment note. The sender is liable for the correctness and completeness of the “CIM consignment note” in accordance with Section 414 (1) of the German Commercial Code (HGB) and is entitled to dispose of the freight in accordance with Section 418 (1) of the HGB. He may in particular require the carrier to discontinue the carriage the goods or at another destination to another place of delivery or to another receiver delivers .

The rail waybill is only an accompanying document and proof of dispatch , not a security or traditional paper like the bill of lading . However, it is a blocking paper because the sender's right of disposal expires after the goods arrive at the delivery point and passes to the recipient (Section 418 (2) HGB).

If the rail waybill says “free station”, the carriage must be paid by the recipient.

Individual evidence

  1. ^ Siegfried G. Häberle, Handbook of Foreign Trade Financing , 2002, p. 241
  2. ^ Levin Goldschmidt , Universalgeschichte des Handelsrechts , 1891, p. 332, FN 113
  3. Florian Gehrke, The electronic transport document , 2005, p. 4
  4. Royal Supreme Court of Appeal Munich, judgment of October 6, 1856, sheets for the application of law in Bavaria, Volume XXII, p. 205
  5. William Coermann, The Reichs-rail legislation: text output with notes and subject index , 1895, pp 100 et seq.
  6. Three copies are sufficient for German freight law.
  7. Thorsten Hadeler / Eggert Winter (eds.), Gabler Wirtschaftslexikon , 2000, p. 890
  8. ^ Johann Georg Helm, Freight Law I , 1994, p. 324