The legal role of the bill of lading, sea waybill and multimodal transport document in financing international sales contracts

• Main Author: Proctor, Carol
• Other Authors: Booysen, Hercules
• Format: Others
• Published: 2015
• Subjects: Transport documents; Bill of lading; Sea waybill; Multimodal transport document; Negotiable documents; Non-negotiable document; Financing international sales contracts; Documentary letter of credit; Document of title; Collateral security; 343.96068; Maritime law > South Africa; International trade; Bills of lading > South Africa
• Online Access: http://hdl.handle.net/10500/15836

The legal nature of the bill of lading as a negotiable document of title has allowed it to provide the basis of a system in which bankers provide credit for the financing of international sales contracts on the strength of the security afforded by the goods represented in the bill. The sea waybill has appeared as a substitute for the bill of lading and, despite its nature as a nonnegotiable document, it can be employed in a manner which allows it to provide collateral security to banks. Multimodal transport documents which may be issued in negotiable or non-negotiable form assume the same legal role as the bill oflading or sea waybill respectively. The inclusion of specific articles in the 1993 Revision of the UCP relating to non-negotiable sea waybills and multimodal transport documents affirms their acceptability to banks financing international sales contracts under documentary letters of credit. === Law === LL.M.