Summary
At a national level, clear codification is often only a summary, and at an international level, it does not exist at all. [...] in order to give a fair chance to any change in these documentary practices, two things must happen. [...] the legal rules relating to the exercising of rights in goods in transit must be codified.
See the full content of this document
Extract
Chapter 10 of the Rotterdam Rules: Control of Goods in Transit
I. GENERAL INTRODUCTION
The new convention's chapter on the right of control deals with situations in which the goods have been delivered to the carrier for transportation, loaded on board a ship, or are somewhere on the high seas. In other words, the convention addresses goods which are in transit and in the carrier's custody.Goods in transit have an owner, who may be their buyer or even their seller, if he has retained title upon shipment. Such goods may be pledged or they may otherwise serve as collateral security for trade-financing purposes, and under certain circumstances a seller may have a right of stoppage in transit.Difficulties may arise when any of these rights must be exercised during the maritime transport, most often when the person who seeks to exercise his or her rights in the goods is not a party to the contract of carriage under which the goods make the voyage. Even if that person is a party, the law may be unclear as to the extent of control, if any, that he or she may exercise over the goods.The provisions of Chapter 10 of the new U.N. Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, known as "Rotterdam Rules" ("Chapter 10"), try to fill this gap.II. THE ROLE OF TRANSPORT DOCUMENTSA. In the Absence of Communication, a Symbol of the Goods Was Invented: The DocumentThe current legal rules on exercising rights in goods in transit date from when no communication was possible between the party with legal c...See the full content of this document
Sponsored links
