NEWS & BLOG
Views: 30 Author: Site Editor Publish Time: 2022-12-14 Origin: Site
A ocean bill of lading (B/L) is a written document issued by the ship or its agent to prove that the goods have been received, the goods are allowed to be transported to the destination, and delivered to the shipper. It is the proof of the contract between the carrier and the shipper, and has the effect of property right certificate in law.
According to the title of the consignee of the bill of lading, it can be divided into straight bill of lading, open bill of lading and order bill of lading.
Straight bill of lading, also known as consignee's bill of lading, refers to the bill of lading in which the name of the consignee has been specifically filled in the consignee column on the bill of lading. The goods recorded in the bill of lading can only be picked up by the consignee, and the carrier can only deliver the goods to the specific consignee on the bill of lading at the port of discharge.
If the carrier gives the goods to someone other than the consignee, even if the person holds the bill of lading, the carrier is still responsible for it, and shipper cannot require the carrier to hand over the goods to someone other than the consignee. In short, the delivery by the ship is to recognize the person but not the document, so to a certain extent, this type of bill of lading has lost its function and does not have the function of a document of title. Therefore, this kind of bill of lading has been as a sea waybill in the maritime transport goods act 1992.
Open bill of lading refers to a bill of lading that does not specify any consignee in the consignee column on the bill of lading, but indicates the word "Bearer" or leaves this column blank and does not fill in the name of anyone. Such bills of lading can be transferred without any endorsement formalities. After the goods arrive at the port, anyone can pick up the goods with only such a bill of lading.
The difference between this type of bill of lading and the straight bill of lading is that the ship only recognizes the bill of lading and does not recognize the person. This kind of bill of lading is relatively simple and convenient at the time of handover of goods, but once the bill of lading is lost or falls into the hands of criminals, it will cause great risks, so it is rarely used in international trade.
An order bill of lading is a bill of lading that delivers the goods according to the instructions of the instructing person indicated on the bill of lading. Usually, the words "To order" or "Order of..." are filled in the "Consignee" column on the front of the bill of lading. Therefore, the order bill of lading can also be divided into straight order bill of lading and blank order bill of lading.
Straight order Bill of lading is based on bank order, that is, the consignee column of the bill of lading is filled in as "to the order of xx Bank"; based on the consignee's order, the consignee column of the bill of lading is filled in as "to the order of XX Co. Ltd".
The blank bill of lading shall be made to order by the consignor, that is, the consignee column of the bill of lading shall be filled in as "to the order of shipper", and the shipper shall endorse it in blank on the back of the bill of lading; open order, that is, the consignee column of the bill of lading is filled in as "to the order", and the shipper makes a blank endorsement on the back of the bill of lading. Of course, it can also make a straight endorsement according to the provisions of the letter of credit.
Endorsements are divided into straight endorsements and blank endorsements. The former means that the endorser (order) writes the name of the endorsed on the back of the bill of lading and is signed by the endorser. The latter means that the endorser does not indicate the name of the endorsee on the back of the bill of lading, but the endorser's signature is required. In the case of straight endorsement, the carrier shall deliver the goods to the endorsee. But for blank endorsement, the carrier simply delivers the goods to the holder of the bill of lading.
The order bill of lading can be transferred to a third party by endorsement without the consent of the carrier. It has great liquidity and functions as a document of title. Therefore, it is most widely used in the current international shipping business.