Order warehouse receipt
The warehouse receipt is a type of warehouse receipt , by the bearing holder as Order paper issued is.
Statutory components
According to Section 475c (1) of the German Commercial Code ( HGB) , the order warehouse receipt must at least be the place and date of issue of the warehouse receipt , name and address of the storekeeper, name and address of the storekeeper, place and date of storage, the usual description of the type of goods and the type of packaging in the case of dangerous goods, contain the designation provided for in accordance with the dangerous goods regulations, otherwise generally recognized), number, characters and numbers of the packages and gross weight or the otherwise specified quantity of the goods. If it is a collective storage, this must also be noted. The warehouse order receipt must be signed by the warehouse keeper.
transmission
It is one of the approved order papers of Section 363 of the German Commercial Code ( HGB), which are assigned the status of order papers by adding the order clause ("or to order "). As a result, it can be passed on by endorsement , with every legitimate holder of the warehouse receipt also becoming the owner of the stored merchandise . Therefore it belongs to the traditional papers ( § 475g HGB). The storage contractual claims documented in the order warehouse receipt can only be asserted by the person entitled from the order warehouse receipt. In favor of the legitimate owner of the order warehouse receipt, it is assumed that he is the person entitled from the warehouse receipt. The legitimized owner of the order warehouse receipt is someone who has an order warehouse receipt that reads an order and names the owner as the person who is entitled to receive the goods or identifies them with an uninterrupted series of endorsements ( Section 475d (3) No. 2 HGB). According to Section 475d (1) of the German Commercial Code, the authorized owner of the order warehouse receipt is entitled to demand that the warehouse keeper deliver the goods against presentation and delivery of the order warehouse receipt.
By transferring the warehouse receipt, the right of disposal (right to return ) to the stored goods is transferred to the (new) recipient ( disposition paper ). This is done through the endorsement. The storage goods do not change their storage location due to the change in ownership. When transferring ownership or ordering a lien ( pledge / seizure ), only the order warehouse receipt (with pledge endorsement) needs to be handed over, but not the stored goods. The advantage here is that the warehouse receipt can be transferred to credit institutes as collateral for loans ( Lombard loan ).
authorization
Since July 1998 every warehouse keeper has been able to issue an order warehouse receipt. The certificates for order warehouse keepers previously issued by the district president resulted from the order warehouse certificate ordinance of December 1931, which has been repealed since July 1998.
