Scripture liability
The Skripturhaftung after § 514 HGB, the fifth book ( Maritime Law ) the obligation on a ship taken over charge to deliver in the state as it was taken. This applies to the designation, quantity, dimensions, weight, marks and external properties of the cargo.
In practice, it doesn't always look that natural: For example, the sub-supplier has already damaged the packaging of piece goods while loading or there is an interruption in the cold chain in a refrigerated container . These errors lead to shrinkage and make a bill of lading (security as confirmation of accepted cargo) unclean by making appropriate notations on this security (ex scriptura). All damage that is not noted in this way in the bill of lading, but occurs at the end of the transport, will be borne by the carrier , who is liable for it.
Liability for scripts was part of the Commercial Code from the start, but was abolished by law in 1937. It was not until 1997, in the course of further internationalization in the trade, that the provisions on script liability were included again in the HGB. The 1999 Montreal Convention on Air Transport in the ICAO countries also assumed liability for scripts.
background
In the case of the securities bill of lading, "the presumption that the carrier has taken over the goods as it is described according to § 515 paragraph 1 numbers 7 and 8 applies ." ( § 517 paragraph 1 sentence 1 HGB). Since these securities can be traded and both traders and buyers of these bills of lading cannot inspect the goods beforehand in case of doubt, it is important for trading that the flawless condition of the goods can be assumed .
