A comparative study of the paper and electronic bill of lading under South African law.
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Date
2017
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Abstract
A bill of lading is a document which is acknowledged as a cornerstone in any sea contract of
carriage. It is the most significant document facilitating transportation in international sale
contracts. The court recognise it as a document of dignity and integrity demanding judicial
protection.
The paper bill of lading is used world-wide to document and effect international trade. Due to
its characteristics of being utilized as a receipts, as evidence of contract and as document of
title, traders have scrutinised the capabilities of an electronic bill of lading to replicate these
functions.
The purpose of this study is to compare the extent to which an electronic bill of lading might
be recognised as legally valid under South African law. In so doing, firstly, the functions of the
paper and electronic bill of lading will be considered. Relevant legislative and case law issues
will also considered where appropriate. Secondly, private registries which have been approved
by International groups of P & I clubs governing will be discussed. Finally, the issue of whether
an electronic bill is sufficiently competent to replicate the major functions of a paper bill, with
specific reference to the document of title function will be discussed.
Description
Masters of Law in Maritime Law. University of KwaZulu-Natal, Durban, 2017.