LECTURE No. 14. Documents of title

The title documents include:

1) warehouse receipts;

2) bill of lading;

3) waybills for the carriage of goods.

Warehouse documents are of three types:

1) double warehouse certificate;

2) a simple warehouse certificate;

3) warehouse receipt.

A double warehouse certificate consists of two parts: a warehouse certificate and a pledge certificate (warrant), which can be separated from each other. Each part of the double warehouse certificate shall contain the name and location of the warehouse, the current number of the warehouse certificate, the name of the legal entity or citizen who is the bailor and its location, the name of the goods received, its quantity indicating the number or measure of the goods, the shelf life of the goods, the amount of remuneration or tariffs, date of issue of the certificate. Both parts must have identical signatures.

A simple warehouse receipt consists of a single document issued to the bearer, contains the same details as a double warehouse receipt, except for the name of the legal entity that is the bailor. It also does not contain the location of the bailor, details, signatures and seals.

Warehouse receipt (warehouse receipt) - a document handed over by the warehouse to the bailor, confirming the acceptance of goods for storage for a specified period and for a fixed fee. It is issued either to the owner of the goods, or to a person who acts by proxy.

Double warehouse receipt and single warehouse receipt are securities. They may, subject to the prescribed form, certify property rights and may transfer these rights. Goods accepted for storage under a double warehouse receipt can be subject to a pledge, i.e. while the goods are in stock, you can leave a pledge certificate in exchange for any funds, but you can also take goods from the warehouse until the loan is repaid. The transfer of a pledge certificate is carried out on the basis of an endorsement (endorsement). The holder of such a pledge certificate is entitled to the goods in the amount of the credit issued under the pledge certificate. Goods can only be disposed of in two parts of a double warehouse certificate. Goods may be issued only if two parts of the certificate are available.

A bill of lading is a document of title in the carriage of goods by sea, on the basis of which the carrier receives the goods and transfers them to the consignee. When buying and selling a bill of lading, it is possible to transfer property rights to the cargo in respect of which the bill of lading was issued. Bill of lading is of the following types:

1) nominal - issued in the name of a specific recipient;

2) order - issued to the order of the sender or recipient of the goods;

3) bearer bill of lading.

The bill of lading must have the following details:

1) the name of the carrier and its location;

2) the name of the port of loading and the date of acceptance of the goods by the carrier at the port of loading;

3) the name of the sender and his location;

4) the name of the port of unloading;

5) name of the recipient;

6) the name of the cargo required to identify the goods;

7) main brands, an indication, in appropriate cases, of the dangerous nature or special properties of the cargo, the number of pieces or objects and the mass of the cargo or its quantity otherwise indicated;

8) the external condition of the cargo and its packaging;

9) freight in the amount payable by the recipient, or other indication that the freight must be paid by him;

10) time and place of issue of the bill of lading;

11) the number of originals of the bill of lading;

12) signature of the carrier or a person acting on his behalf;

13) other data included by agreement of the parties in the bill of lading.

The bill of lading, at the request of the sender, can be issued in several copies at once, which are originals. After the delivery of the cargo on the basis of the first of the submitted originals of the bill of lading, the rest of its originals become invalid.

The transport legislation provides a list of documents, in the presence of which there is a right to file a claim with the carrier. The waybill is submitted in case of a claim to the railway in cases of shortage, damage or damage to the cargo, delay in the delivery of the cargo and delay in its issuance.

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