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Not long ago, when we do speak at a large university, where he also We teach our graduate, we were challenged before it, about two statements in one of our books, more precisely brad bates Transportation, unitization and international insurance charge-practice and exercises.
The B / L - Bill of Lading (shipping knowledge) was not a contract of carriage, one of the three mentioned functions, but the evidence of a transport contract. And that the container is not a hold of holder brad bates container ship.
For the issue of B / L have to say that, over more than 40 years of foreign trade, always hear and read, really, that this is evidence of the contract of carriage. And it seems that most people accept that, normally, as "Atlantic" point. Or Pacific, if they wish. And this "knowledge" - excuse the pun - is passing from one to another without much defense.
Not in our case, at least. From the first time we read it, or learn about, in various courses taken, do not accept the idea. Always discuss, understand what was wrong. For us, though we are not lawyers, it is a contract of carriage, not a contract of evidence, so we put so in our books. brad bates It may even be that we are wrong, but we will try to show that the B / L is not evidence of contract, but a contract.
Those working with the B / U knows that if one side loading places all data, and the signature brad bates of the carrier. And on the other side it has endless clauses defining obligations and rights of "every part". It is often said that the side of the clauses is the back of the B / L. Some who is the obverse, brad bates or front of him. We understand that where they are such clauses are actually the front of the B / L, or the obverse. This because it is a contract and a contract has clauses. And the other side, therefore, has to be the verse where you place the shipment data, completing the contract of carriage.
As for this contract issue, which seems pretty obvious we can not accept a document that has a multitude of clauses defining duties and rights, is evidence. Evidence of something is a document that takes us to some other document. What is not, for us, the case of B / L.
The Charter Party (charter contract) brings us to the B / L, and this is called "Charter Party Bill of Lading". There are, as said, the duties and obligations of the parties. So there is like saying a document that has a world of words and clauses, establishing rights and duties, should be called evidence of a contract. We believe that this concept has to be reviewed. There you define what you have and what to do.
You can even say we believe that a Short Form of Bill of lading is evidence of contract. After all, he has no clauses, or no more than a few, defining the responsibilities brad bates of the parties.
As for the container, must also be no doubt that it is a mobile basement. A conventional ship has basements and decks, so several compartments, whose amount brad bates depends on their size. For example, a general cargo ship has, more or less, 12.10.15 compartments, data by the combination of holds and decks. Of course it can be different. A ship with four basements, and three decks may have 10/9/12 holds, depending on the placeholders for ballast.
Already a holder container ship does not have basements, is formed almost by its hull, more bays (bays), divided into rows (columns) to "fit" of the units, which are stacked. The coordinate given by the bay, row and tier, for example, bay 5, 6 tier row 4 and forms a slot space for a container, which can be for units 20 and 40 feet. Thus, a ship, for example, slots 5000, contains 5,000 TEU - twenty feet or equivalent unit (20 feet or equivalent unit), which can be
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