法律英语词汇“bill of lading”的翻译、意思、用法、释义-法律词典

单词

bill of lading

释义

bill of lading
A document acknowledging the shipment of a consignor’s goods for carriage by sea (compare sea waybill). It is used primarily when the ship is carrying goods belonging to a number of consignors (a general ship). In this case, each consignor receives a bill issued (normally by the master of the ship) on behalf of either the shipowner or a charterer under a charterparty. The bill serves three functions: it is a receipt for the goods; it summarizes the terms of the contract of carriage; and it acts as a document of title to the goods. A bill of lading is also issued by a shipowner to a charterer who is using the ship for the carriage of his own goods. In this case, the terms of the contract of carriage are in the charterparty and the bill serves only as a receipt and a document of title. During transit, ownership of the goods may be transferred by delivering the bill to another if it is drawn to bearer or by endorsing it if it is drawn to order. It is not, however, a negotiable instrument.

The responsibilities, liabilities, rights, and immunities attaching to carriers under bills of lading are stated in the Hague Rules. These were drawn up by the International Law Association meeting at The Hague in 1921 and adopted by an International Conference on Maritime Law held at Brussels in 1922. They were given effect in the UK by the Carriage of Goods by Sea Act 1924 and so became known in the UK as the Hague Rules of 1924. They were amended by the Brussels Protocol 1968, as the Hague-Visby Rules, effect being given to the amendments by the Carriage of Goods by Sea Act 1971. The Rules, which are set out in a schedule to the Act, apply to carriage under a bill of lading from any port in Great Britain or Northern Ireland to any other port and also to carriage between any of the states by which they have been adopted. Every bill issued in Great Britain or Northern Ireland to which the Rules apply must state that fact expressly (the clause giving effect to this requirement is customarily referred to as the paramount clause). A final amendment of the Rules, known as Hague-Visby/SDR, was made in 1979. Meanwhile the Rules were completely rewritten in 1978 in a new treaty known as the Hamburg Rules (ratified by 35 countries so far), which drastically alter the privileged position of a sea carrier as compared to other carriers. However, they have not yet been generally adopted—indeed, it is estimated that they govern less than 5% of world maritime trade. A third and much longer set of rules, the Rotterdam Rules, was adopted by the United Nations in 2008. However, as of 2021 these rules had only been ratified by four states.

display

https://www.jus.uio.no/lm/sea.carriage.hague.visby.rules.1968/doc.html

• Full text of the Hague–Visby Rules

display

https://www.jus.uio.no/lm/un.sea.carriage.hamburg.rules.1978/doc.html

• Full text of the Hamburg Rules

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