Legal Encyclopedia. The letter K

BILL OF LADING

- a transport document issued in the case of sea freight by the carrier (the ship's captain or the agent of the maritime transport undertaking) to certify that the goods have been accepted for carriage.

K. performs three functions:

1) is proof of the delivery of goods to the ship;

2) serves as a certificate of the existence of a contract of carriage between the consignor and the carrier;

3) serves as a means of transferring rights to goods in transit, by transferring the document.

All other transport documents perform only the two above functions, i.e. With their help, the buyer can not be sold goods in transit, by transferring a paper document.

Traditional on-board flatbed is the only acceptable document that must be submitted by the seller in accordance with the terms of delivery of the CFR and CIF.

K. is also a document of title containing the terms of the contract of carriage by sea and giving its holder the right to dispose of the goods.

The most common in foreign trade. Issued by the carrier to the sender after receiving the goods for carriage, serves as proof of receipt of the goods and certifies the fact of the conclusion of the contract.

In Canada, the relationship between the carrier and the consignee is defined. If the obligatory conditions for the recipient in Kazakhstan are not stated, then a reference is made to the document in which they are contained (usually a charter).

K. can be drawn to the bearer, in the name of the recipient (nominal), "order" of the sender or the receiver (order).

To bearer is transferred to the bearer in exchange for a cargo by simple delivery.

I. Bills of lading - by endorsement or in another form, but subject to the rules established for the transfer of the debt claim.

According to order K. cargo is given either to the "order" of the sender (or consignee) of the cargo, or to the "order" of the bank. If it is not indicated that K. is made up "to the order of the recipient", then it is considered to be composed "the order of the sender".

Usually K. is compiled in several copies, and in each, a note is made about their number.

After the delivery of the goods for one of the K copies, the remaining ones lose their force.

K., in which notes are made about the damage to cargo, packaging, etc., is called K. with reservations, or impure K., as opposed to pure.

The semantic meaning of the term K. for cargo received for loading varies depending on the location of the goods on board the ship or in the port in anticipation of the vessel not yet arrived.

K. for several consignments destined for different consignees is called prefabricated, or group.

In Canada, notes related to freight may be made: for example, there is a K. with the mark "freight is payable by the consignee" or K. with the mark "freight paid".