The role of the bill of lading at the delivery and the carrier's liability of the delivery without presantation of the bill of lading
2008
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Advisor: Prof. Dr. Rayegan Kender
Abstract (EN)
Bill of lading is a negotiable instrument issued by the carrier or the captain or its authorized agent as a representative of the carrier undertaking that the cargo is received for the purpose of carriage and will be delivered to the legal owner against the presentation of the bill of lading at the discharge port at the end of the carriage. The meaning of the undertaking carried out by the carrier is to provide the possession of the cargo to the consignee or the person who is the legal owner according to the bill of lading or other agreement at the end of the carriage. The goods should be delivered to the person authorized to receive them.The carrier will be liable in the event that he violates his obligations set out in the bill of lading. In the event that the cargo arrives to the discharging port before the bill of lading or the bill of lading is stolen or lost, the consignee is not able to receive them and the carrier is not able to deliver them to the consignee either since the carrier is responsible to deliver the goods to the legal owner of the bill of lading. In such a case the carrier denies delivering the goods and prefers to store them or delivers them against a bank letter of guarantee without presentation of the bill of lading which is common in practice.The legal owner of the bill of lading who is not able to receive his goods may claim from the carrier to compensate all his damage since he relies on the accuracy of the bill of lading. The carrier is liable for his delivery without representation of the bill of lading with all his assets. In the event that the carrier is the ship owner and the bill of lading is signed by the captain the carrier will be liable with all his own assets without any limit.
Author
Özlem Bulut
Institution
How to Cite
Özlem Bulut (Master Thesis). The role of the bill of lading at the delivery and the carrier's liability of the delivery without presantation of the bill of lading, 2008, Yeditepe University.
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