Bill of lading in Trade Law Act 2019 with attitude to consignment note of CMR and COTIF convention

Document Type : Original Article

Authors

1 Department of Low,Kermanshah Branch, Islamic Azad University, Kermanshah,Iran.

2 Assistant Professor, Faculty of Law and Political Science, Islamic Azad University, Kermanshah Branch, Iran

Abstract

A bill of lading is a document that is the reason for existence of transportation contract and is issued at the request of the sender by the carrier or her/his representative and for the holder, it indicates the ownership of the goods, the receipt of the goods by carrier and her/his commitment to deliver the goods. There is no history of the bill of lading in jurisprudence and our civil law and only in the Commercial Law,in Article 383,the word of bill of lading is used,but this document found its way in to our domestic law with a look at international trade law ,due to practical necessities in trade and transportation.
In a positive action the legislature has defined the bill of lading and expressed characteristics and information contained in bill of lading in Trade Law Act 2019 unlike Trade Law 1932.Legislature has paid attention to CMR and COTIF Conventions for expressing the necessary information contained in the bill of lading however legislature has expressed the characteristics of the bill of lading that did not comply with what is stated in CMR and COTIF conventions.Trade Law Act 2019 has accepted the issuance of a bill of lading in road and rail transportation,which is contrary to the theory that said in road and rail transportation,only consignment note can be issued which is a nontransferable document and it has put an end to disputes in this regard.

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Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 18 October 2023

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