Sea waybill

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The bill of lading ( English sea waybill ) is in the freight business a document accompanying the goods , which in the sea trade on the sea is issued.

General

It is a waybill that is issued in maritime trade, while its counterpart in inland shipping is called a loading note . The sea waybill is particularly important in ferry traffic on short sea routes and in container shipping . For small piece goods ("Kollo") a parcel receipt is issued, the piece goods of which are locked in a special room on board ( English parcel room ).

history

The first waybills existed for land transport and inland shipping before they were introduced in rail , air and, most recently, in sea transport. In the year 1063, in the “Rules and Customs for the Sea” of Trani ( Latin Ordinamento et Consuetudo Maris de Trani ) the forerunner of today's bill of lading can be determined. After that, a publicly appointed and sworn ship scribe had to create a list ( Latin cartularium ) of all goods taken on board, the recipient could request the delivery of the goods listed therein.

The charter part ("Certepartie") that emerged in 1727 is comparable to the sea waybill, but it replaced neither the bill of lading nor the waybill. It was concluded between the carrier (skipper) and the shipper and contained the contract of carriage.

The sea waybill was still unknown in Germany in 1974. The German maritime trade law experienced a significant internationalization in April 2013, which also made it possible for the first time to choose between a bill of lading or a sea waybill.

Legal issues (German law)

The bill of lading is subject to the rules in Germany since April 2013 international maritime law , which the Commercial Code was added (HGB). Thereafter, there is a choice between a bill of lading or bill of lading, each defined by the shipper ( English Carrier ) are issued ( § 526 , para. 1 HGB). Unless proven otherwise, the sea waybill serves as proof of the conclusion and content of the general cargo contract as well as the acceptance of the cargo by the carrier (Section 526 (2) HGB). He thus justifies the - rebuttable - presumption that the cargo and its packaging were in externally good condition when the carrier took over and that the number of packages and their marks and numbers match the information on the sea waybill. 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.

The content of the sea waybill corresponds to that of the bill of lading (see Section 515 (1) HGB). In particular, the name of the ship, the port of loading and receiving, the date of issue and the carrier or captain should be mentioned . In contrast to the bill of lading, the sea waybill is only an accompanying document and an unloading confirmation , not a security or even traditional paper . The sea waybill is not subject to the Hague Rules , unless explicit reference is made to it. It also has the function of a packing paper .

A sea waybill does not have to be signed. Due to the lack of a security character, it is not transferable and therefore cannot be used for a letter of credit . By issuing a sea waybill in the loading port, the goods are already released for the recipient at the discharge point , and the recipient only has to pay outstanding costs such as sea ​​freight and local costs such as THC  & ISPS ( Terminal Handling Charge and International Security Port Surcharge ). After paying these costs, he can dispose of the goods immediately.

literature

  • Rolf Herber: Maritime Trade Law. Systematic presentation. , 2nd edition, de Gruyter, Berlin / Boston 2016, ISBN 978-3-89949-211-8 .
  • Dieter Rabe / Kay-Uwe Bahnsen, Maritime Trade Law. Commercial Code, ancillary laws and international agreements. Commentary , 5th edition, Munich 2017, Verlag CH Beck
  • Klaus Ramming, The Sea Waybill, Law of the Transport Industry (RdTW) 10/2013, 373

Individual evidence

  1. ↑ Hans J. Puttfarken, Maritime Trade Law , 1997, Rn. 126
  2. ↑ Rudolf Sachs, Guide to Foreign Trade , 1990, p. 72
  3. ↑ Florian Gehrke, The electronic transport document , 2005, p. 3
  4. ^ Heiko A. Giermann, The liability of the carrier for bill of lading information: the Hague and Haager-Visby rules , 2000, p. 16
  5. ↑ Chester B Mclaughlin, The Evolution of the Ocean Bill of Lading , in: Yale Law Journal vol. 35, 1925, p. 550
  6. ↑ Abraham Polak, Historisch-juridisch onderzoek naar den art van het cognossement , 1865, p. 24 ff.
  7. ↑ Reinhold Nizze, The general law of the sea of ​​civilized nations , Volume 1, 1857, p. 259
  8. ↑ Hans Jürgen Abraham , Das Seerecht , 1974, p. 165
  9. ↑ Hans J. Puttfarken, Maritime Trade Law , 1997, Rn. 128