La polizza di carico nominativa nella Common Law: riflessioni comparatistiche e sistematiche di uno strumento del commercio internazionale.

Description/Abstract

A straight or non-negotiable bill of lading is a bill of lading which is made out to a named consignee only. Under English law this bill – although physically transferable from the shipper to the named consignee – cannot be endorsed by the latter to a third party on-buyer. On the other hand the position under American law is different and allows the transferability of the non-negotiable bill by delivery and agreement to transfer title to the bill or to the goods represented by it (49 USC 80106).

This article investigates the English and the American approach on the issue of transferability and negotiability of straight bills of lading and places this significant difference between two major Common Law jurisdictions in its proper context, i.e. the sale of commodities. Three questions are addressed: (a) can a straight bill of lading be tendered by the seller to its buyer for payment? (b) Can a straight bill be tendered under the newly adopted Uniform Customs and Practice for Documentary Credits (UCP 600)? And (c) does the buyer need to present the straight bill to the carrier in order to obtain redelivery of the cargo carried under it?