The Validity of an Improper Bill of Lading

Abstract

The bill of lading is one of the most important documents used in maritime commerce and in contracts for the carriage of goods by sea. Compared to other documents, the bill of lading is a document issued by the maritime carrier or its representative upon receipt of the goods intended for transport. It includes a description of the goods in terms of type, quantity, distinguishing marks, and apparent condition. The bill of lading is of paramount importance and plays a fundamental role in proving the shipment of goods. Its role extends beyond mere proof, as the provisions governing the bill of lading revolve around its execution, particularly concerning this instrument. It can establish the right of the legitimate holder by granting them the right to receive the goods from the maritime carrier at the port upon arrival. If the carrier includes reservations about the shipped goods, perhaps causing obstacles for the shipper, such as hindering the sale of the goods, then the bill of lading is considered invalid. This is the focus of our research.