学号： 20169129211

                 班级： 16英语2班 

                 姓名： 杨   芷  颖 

 

 

 

 

 

 

 

 

 

 

 

 

 

The differences and similarities between a sea waybill and a marine B/L.

I. Meaning of sea waybill and sea bill of lading 

 

According to Recommendation in September 1978, a sea waybill is "a document by which the carrier indicates to the shipper or his agent that the goods have been received for loading". It is a non-negotiable document that does not require the presentation of the document at the port of destination as a condition of receipt and does not require the delivery of the document. The shipowner or his agent may deliver the goods to the consignee on the basis of the notice of arrival received by the consignee or his identity certificate.

 

While the marine B/L is a document issued by the master or the agent of the carrier certifying that the contract of carriage by sea and the goods are taken over or loaded by the carrier, and that the carrier guarantees delivery of the goods. The nature of the marine B/L is the marine B/L is the receipt of the goods，the marine B/L is the document of ownership of the goods and the marine B/L is the proof of the transport agreement between the carrier and the shipper, the marine B/L is the proof of the collection of freight. To a certain extent, it is readily tend to confuse two of them.

 

Ⅱ Differences between sea waybill and marine B/L

 

1. The sea waybill does not have the function of "documents of title" of the marine B/L. The marine B/L is not transferable in law. Because marine B/L is not a document of title, the consignee does not need to hold and issue the original marine B/L when drawing the goods at the port of discharge, but only needs to confirm his consignee. The marine B/L can be obtained after identification.

 

2.Differences in proof of a contract of carriage. A sea waybill usually takes a simple form. If there is no proper clause on the front or back of the marine B/L, or if it is not incorporated into the rules formulated by relevant international organizations or civil society for the sea waybill. It can only serve as a proof of the conclusion of a contract of carriage of goods between the shipper and the carrier. The consignee cannot claim the carrier on the basis of the clauses recorded in the sea waybill, nor can the carrier. The defence is based on the clauses recorded in the marine B/L, and when it is transferred to the consignee, the consignee enjoys the rights conferred by the bill of lading and bears the corresponding responsibilities.

 

3. Differences in the effectiveness of evidence as a cargo receipt. In order to protect the third party of the legally transferable marine B/L, it is necessary to emphasize that the content recorded in the marine B/L as the receipt of goods is final evidence; while the trade involved in the marine B/L is not document trade and does not involve transfer, so it is not necessary to emphasize that the content recorded in the marine B/L as the receipt of goods is final evidence.

 

Ⅲ. Similarities between sea waybill and marine B/L

 

1. Part of the information is identical, such as cargo information, carrier information, ship name, shipper name, consignee name, loading port and loading date, unloading port and other necessary columns on the list.

 

2. Both of them can be used as receipts for the carrier to receive the shipper's goods. Whatever the document is, the shipper can get the goods on the basis of the document. At present, the trade circles in Europe, Scandinavia Peninsula, Beiguan and the Middle East are increasingly inclined to use the sea waybill.

 

3. Both of them can be used as proof that the carrier and the shipper have signed a contract. Article 3 of CMI Uniform Rules for Sea Waybills, 1990 stipulates that the shipper concludes a contract of carriage not only on behalf of himself, but also on behalf of the consignee, and guarantees the carrier that he has this right. This stipulation not only clarifies the legal contractual relationship between the consignee and the carrier, but also serves as a proof of such relationship.

 

Ⅳ. Conclusion

 

Newcomers engaged in foreign trade often confuse these two concepts. What we need to know is that the sea waybill comes into being after the marine B/L. It is a trend of simplifying the form of trade. It exists for the convenience of trade and is more suitable for short-term transportation to some extent. However, international law only recognizes the legal effect of marine B/L at present. No matter what kind of document it is, it comes into being in conformity with the times.