Blocking paper
In the freight business, blocking paper is a document which initially leaves the right of disposal over the freight to the sender ( shipper ) and which passes to the recipient after delivery to the carrier .
General
In the transport sector , in addition to the transport risk and the transfer of risk, it must also be clarified who has possession and ownership of the freight at what time . After delivery by the sender / shipper ( seller , exporter ) to the carrier / shipper, the latter becomes the owner of the freight through handover , while ownership remains with the sender / shipper. The blocking paper should now clarify when ownership should pass to the buyer / importer .
Legal issues
According to the delivery and payment conditions , the recipient (buyer, importer) initially becomes the owner or owner when the cargo is taken over at the discharge point . After the goods have arrived at the discharge point, the recipient is entitled in accordance with Section 494 (1) of the German Commercial Code ( HGB) to demand that the carrier deliver the goods in return for compliance with the obligations under the freight contract . By presenting the bill of lading according to § 494 HGB in connection with the General German Forwarding Conditions (ADSp) or the consignment note, the consignee can request the delivery of the goods from the carrier against payment of the freight and expenses in the case of " unfree ". He has an actionable right to extradition when the ship has arrived at the port of destination.
The legal basis for the blocking function is Section 418 (2) of the German Commercial Code (HGB), according to which the sender's right of disposal expires after the goods have arrived at the delivery point and the recipient is entitled to them from this point in time. The blocking function results from the fact that the sender is no longer allowed to dispose of the freight after delivery and the recipient does not yet have any right of disposal at the deletion location before delivery.
literature
- Anton Dischinger / Hermann Daigl / Wolfgang Dreykorn / Wolfgang Hiedl / Udo Rebhan, freight forwarding apprenticeship . 5th edition, Winkler, Darmstadt 2005, ISBN 3-8045-3844-4
- Klaus D. Bischof / Hans Meister / Günter Pyell / Günther Roj / Uwe Stadler / Gert R Wagner, provision of services in forwarding and logistics . 10th edition, Bildungsverlag, Troisdorf 2007, ISBN 978-3-8237-1517-7
Web links
Individual evidence
- ↑ Wolfgang Oelfke, Speditionsbetriebslehre und Logistik , 1997, p. 2
- ↑ Extract from the freight law in the HGB and in the ADSp , rights and obligations of the recipient , accessed on January 14, 2018
- ↑ Außenwirtschaftsforum.de, The ship is in port, but the recipient does not receive the goods , accessed on January 14, 2018
